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.
443. Conditions precedent to grant or renewal of licence.- Notwithstanding anything contained in this Act or any other law, the Secretary may refuse to grant or renew a licence under the provisions of this Act or any other law which authorizes him to issue a licence, if the person applying for the licence has made default in the payment of any taxes or fees payable by him to the Municipality, provided the Secretary may, if he deems fit, grant or renew the licence for a period not exceeding two months on satisfactory guarantee for the payment within the said period.
492. General provisions regarding licences and permissions.- (1) Every licence and permission granted under this Act or any rule or bye-law made thereunder shall specify the period, if any, for which, and the restrictions, limitations and conditions, subject to which, the same is granted and shall be signed by the Secretary.
(2) Every licence issued by the Secretary shall specify the person to whom, the premises in respect of which, and the trade or business or undertaking for which the licence is granted and for any change in the person, the premises or the business, trade, or undertaking, a fresh licence or permission shall betaken with or without payment of further fee as the Municipality may fix.
(3) Where any person intending to obtain a licence 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 the licence shall not exceed the period, if any, specified in the consent.
(4) Where the applicant seeking renewal of a licence or permission in respect of the trade or business licensed in the premises mentioned in sub-section (3) is a person different from the original licensee or not the legal heir of the original license the consent of the owner shall be required.
In Shajimon C G Vs. Chirakkadavu Grama Panchayat, The High Court of Kerala ordred that
The tenant is entitled to get protection as per the provisions of the Act, 1965 till he is evicted in accordance with law. The Secretary of the Chirakkadavu Grama Panchayat is directed to consider any trade license application submitted by the petitioner, within fifteen days from the date of receipt of the application, if there are no other adverse consequences standing in the way of the Secretary to do so, other than the one raised by the Secretary for want of consent from the landlord.
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Негізгі бет Consent of Building Owner not needed for Municipal or Panchayath License.
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