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2014 Supreme(Ker) 707

ASHOK BHUSHAN, A.M.SHAFFIQUE
P. N. Sivadasan – Appellant
Versus
P. C. Alexander – Respondent


Advocate Appeared:
For the Appellant:Shri N.N. Sugunapalan, Senior Advocate and Shri S. Sujin, Advocate.
For the Respondent:Shri Rasheed C. and Shri P.B. Sahasranaman, Advocates.

JUDGMENT

ASHOK BHUSHAN, J.

1. This Writ Appeal has been filed by the appellant who was respondent No. 3 in the Writ Petition challenging the judgment dated 20.6.2014 passed by the learned Single Judge in W.P. (C) No. 31325 of 2011 by which judgment the learned Single Judge allowed the Writ Petition and quashed the order passed by the Tribunal for Local Self Government Institutions.

2. Brief facts giving rise to the Writ Appeal are:-

The appellant who shall hereinafter be referred to as the tenant had obtained tenancy of a shop room which was owned by respondent No. 1, P.C. Alexander, who shall hereinafter be referred to as the landlord for conducting fruit/vegetable business. Tenant had also obtained licence from the Municipality as per the Kerala Municipalities Act, 1994 (for short, Act, 1994). The tenant on account of loss in the business of fruit/vegetable decided to conduct the business of fast-food restaurant in the said shop room. An application was submitted by the tenant before the Municipality on 13.1.2011 for the grant of licence for running a restaurant. The Municipality issued a notice dated 8.2.2011 directing the tenant to comply with certain requirements. The notice ho




























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