Point of Law: Petitioner is entitled to succeed in this writ petition especially due to the fact that he is entitled to get protection as per provisions of the Act, 1965 till he is evicted in accordance with law.

JUDGMENT :

SHAJI P. CHALY, J.

1. This writ petition is filed by the petitioner seeking the following relief:

“(i) Issue a writ of mandamus, or any other appropriate writ or order or direction directing the 2nd respondent to issue License renewing exhibit P2 to the petitioner without insisting the petitioner to produce a fresh renewed lease deed from the 3rd respondent.”

2. The issue raised in the writ petition relates non-renewal of the trade license by the Secretary of the Kanjirappally Grama Panchayat for want of fresh consent from the landlord. The sum and substance of the contention advanced is that the petitioner and the third respondent have entered into a lease arrangement whereby the petitioner is occupying the building of the third respondent-landlord. Dispute arose by and between the parties consequent to which third respondent has filed RC (OP) No. 3/2015 before the Rent Control Court, Kanjirappally. The learned counsel for the petitioner submitted that the said Rent Control Petition was allowed and eviction is ordered and being aggrieved, petitioner has preferred RCA No. 4/2020, which is pending consideration before the Appellate Authority, Kottayam under the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short ‘the Act 1965’).

3. The paramount contention advanced is that when the petitioner approached the Secretary of the Chirakkadavu Grama Panchayat seeking renewal of the trade license, it was being declined for the reason that the petitioner has not produced any consent from the landlord. The question is whether the Secretary of the Grama Panchayat is entitled to insist for a successive consent from the landlord once the building is occupied by the tenant and trade license is once issued by the Secretary of the Grama Panchayat.

4. I have heard the learned counsel for the petitioner, Sri. Liji J. Vadakedom and perused the pleadings and materials on record. Though notice is served on the Panchayat and landlord, there is no appearance.

5. The issue with respect to the consent of the landlord for renewal of trade license in fact, is guided under the Kerala Municipality Act, 1994, but there is no such provision under the Kerala Panchayat Raj Act 1994. Section 492(3) of the Kerala Municipality Act 1994, clearly specifies that where any person intending to obtain a license or permission for the first time and where the applicant is a person other than the owner of the premises in question, he shall, along with the application produce the written consent of the owner of the premises and the period of license shall not exceed the period, if any, specified in the consent. However, such a provision is not available in the Kerala Panchayat Raj Act, 1994. The relationship between a landlord and a tenant is guided by the Act, 1965. Therefore, once a tenant is put in possession of a building, he is entitled to enjoy the benefits conferred thereunder and the landlord can only proceed against the tenant by resorting to the provisions of the Act, 1965. Here is a case where the landlord has filed a Rent Control Petition before the Rent Control Court, Kanjirappally and therefore, under no circumstances, it can be legally presumed that the landlord will provide consent to the tenant to renew the trade license, which if done would be detrimental and ruinous to the litigation instituted by him. But fact remains, at the same time, if the Secretary of the Grama Panchayat is insisting for the consent from the landlord for renewal of trade license, it would totally interfere with the rights of the tenant protected under the Act 1965, to continue in the building and carry on the trade in his status either as a contractual tenant, or a statutory tenant under the Act 1965. In that view of the matter, if the principles contained under Section 492(3) of the Kerala Municipality Act, 1994, dealing with the procedure for renewing trade license, is adopted, it would be meaningful, that when the tenant seeks a licence for the first time, the Sec