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2021 Supreme(Online)(KER) 35258

HIGH COURT OF KERALA
ANITHA JUBY – Appellant
Versus
THE MUNICIPALITY OF PATHANAMTHITTA – Respondent


Advocates:
['MANU RAMACHANDRAN', '', 'M KIRANLAL', 'R RAJESH VARKALA', 'T S SARATH', 'SAMEER M NAIR', 'JAMES ABRAHAM VILAYAKATTU']

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 24th day of September, 2021 Petitioner, a tenant of the 3rd respondent, has approached this Court seeking to direct the 2nd respondent to take appropriate steps as mandated under the Municipalities Act for grant of trade licence to the petitioner without insisting for further consent or other documents from the landlord other than the rent agreement within a time limit fixed by this Court.

2. The petitioner applied for trade licence to run a business of optical items, colour lab, medical items, etc. The 2nd respondent issued Ext.P3 notice to the petitioner stating that unless the petitioner produces a written consent from the landlord and the identity proof, her application for trade licence cannot be processed further.

3. The petitioner would contend that she has entered into a tenancy agreement with the 3rd respondent as per Ext.P1 deed of tenancy. Subsequently, there was difference of opinion between the petitioner and the landlord and the landlord has now filed Ext.P2 Rent Control Petition invoking Section 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965. Being inimical towards the petitioner, the landlord is not provi

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