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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, J
S.Elumalai – Appellant
Versus
Secretary to Government Municipal Administration and Water Supply Department – Respondent
ORDER :
C.V. Karthikeyan, J.
Both these Writ Petitions had been filed in the nature of a Writ of Certiorari calling for the records of the impugned notices dated 01.03.2017 issued by the Municipal Commissioner, Wallajapet Municipality, Wallajapet, Vellore District relating to the shops of the petitioners and to quash the same.
2. In the affidavit filed in support of the Writ Petitions, it had been stated that the writ petitioners in both the Writ Petitions are small traders and lessees of shops owned by the Wallajapet Municipality. It had been stated that they are carrying on business in selling clothes, taking xerox copies, running barber shops, saloon and such other small business shops. They claimed that they have been paying the rent to the said Municipality. By the impugned notice, the Municipal Commissioner had enhanced the license fee/rent. The present Writ Petitions have been filed challenging such increase.
3. The learned counsel for the petitioners contended that the petitioners had raised loans for their businesses and had spent considerable amounts investing in the businesses. The petitioners have also built up reputation and good will in the area. It was further stated tha
Licenses for municipal properties cannot be treated as heritable rights; renewal is contingent upon settling arrears and does not confer a legal right.
Cancellation of Trade Licences without due process and proper notice constitutes a violation of the principles of natural justice.
The court ruled that enhanced rent can only be claimed prospectively, not retrospectively, in accordance with prior judgments.
The renewal of business license negated further intervention by the court, allowing the petitioner recourse for future grievances.
Landlord consent is not a mandatory requirement for the renewal of a trade license under the Kerala Municipalities Act, 1994, as established by judicial precedent.
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