Saji V.K v. Grama Panchayat of Puramattom and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 9[TH] DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945** **WP(C) NO. 20048 OF 2023** ## **PETITIONER:** **SAJI V.K AGED 58 YEARS S/O KUNJAPPI, VELLIYAMPALLIL SONY VILLA (H), THITTAMEL, CHENGANNUR P.O, CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN – 689121** **BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON** ## **RESPONDENTS:** - **1 THE GRAMA PANCHAYAT OF PURAMATTOM PURAMATTOM P.O, PATHANAMTHITTA REPRESENTED BY ITS SECRETARY, PIN – 689543** **2 THE SECRETARY THE GRAMA PANCHAYAT OF PURAMATTOM, PURAMATTOM P.O, PATHANAMTHITTA, PIN – 689543** ## W.P.(C) No.20048/2023 & connected cases : 2 : **3 K.R CHANDRAN AGED 67 YEARS S/O RAVEENDRAN PILLAI, CHANDRA VILASOM (H), VALANKKARA MURI, PURAMATTOM P.O., & VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN – 689543** **BY ADVS. T.P.PRADEEP HARIDAS P BIJU HARIHARAN(K/1767/1995) SHIJIMOL M.MATHEW(K/907/2005) P.C.SHIJIN(K/397/2012) RAJASREE T.R.(K/347/2004) ROSHIN MARIAM JACOB(K/1017/2011)** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2024, ALONG WITH WP(C).24602/2021 AND COC.2263/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20048/2023 & connected cases : 3 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 9[TH] DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945 WP(C) NO. 24602 OF 2021** ## **PETITIONER/S:** * 8 **SAJI V.K, (CORRECTED) AGED 48 YEARS** **S/O.THOMAS GEORGE, TEENA BHAVAN, KOLLAM PADI JUNCTION, ELANTHOOR EAST P.O, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT 689 643.** **(THE AGE, FATHER'S NAME AND ADDRESS OF THE PETITIONER IS CORRECTED AS 'S/O KUNJAPPI, AGED 56 YEARS, VELLIYAMPALLIL SONY VILLA (H), THITTAMEL, CHENGANNUR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT-689121' AS PER ORDER DATED 24/11/2021 IN I.A. 2/2021 IN WPC 24602/2021)** **BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM** ## **RESPONDENTS:** - **1 THE GRAMA PANCHAYAT OF PURAMATTOM, PURAMATTOM P.O, PATHANAMTHITTA-689 543 REPRESENTED BY ITS SECRETARY.** - **2 THE SECRETARY, THE GRAMA PANCHAYAT OF PURAMATTOM, PURAMATTOM P.O, PATHANAMTHITTA 689 543.** W.P.(C) No.20048/2023 & connected cases : 4 : - **3 THE MEDICAL OFFICER, PRIMARY HEALTH CENTER, PURAMATTOM, PURAMATTOM P.O, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT-689 543** **4 K.R.CHANDRAN, AGED 65 YEARS S/O. RAVEENDRAN PILLAI, CHANDRA VILASOM (H), VALANKKARA MURI, PURAMATTOM P.O AND VILLAGE,THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT-689 543** **BY ADVS. T.P.PRADEEP P.HARIDAS BIJU HARIHARAN P.C.SHIJIN RISHIKESH HARIDAS SRI.SREEJITH V.S., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2024, ALONG WITH WP(C).20048/2023 AND COC.2263/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20048/2023 & connected cases : 5 : ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 9[TH] DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945** **CON.CASE(C) NO. 2263 OF 2023 AGAINST THE ORDER DATED 24.08.2023 IN WP(C) NO.20048 OF 2023 OF HIGH COURT OF KERALA** **PETITIONER:** **SAJI V.K AGED 58 YEARS S/O KUNJAPPI, VELLIYAMPALLIL SONY VILLA (H), THITTAMEL, CHENGANNUR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN – 689121** **BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR ABHISHEK JOHNSON SAILAKSHMI MENON** ## **RESPONDENT:** **SRI. SAJEEVAN R PRESENTLY WORKING AS THE SECRETARY, THE GRAMA PANCHAYAT OF PURAMATTOM, PURAMATTOM P.O., PATHANAMTHITTA, PIN – 689543** **BY SRI.T.P. PRADEEP** **THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2024, ALONG WITH WP(C)NOS.20048/2023 AND 24602/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.20048/2023 & connected cases : 6 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` W.P.(C) Nos.20048 of 2023 and 24602 of 2021 and Contempt of Court Case (Civil) No.2263/2023 ````````````````````````````````````````````````````````````` _Dated this the 9[th] day of February, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner in these two writ petitions and a Contempt of Court Case is conducting business in School Stationery items, Footwear, etc. in the name and style “Chamayam Ladies and Gift Centre” in Puramattam Grama Panchayat. The 3[rd] respondent in W.P.(C) No.20048/2023 is the landlord of the shop building. The petitioner executed rent agreement with the 3[rd] respondent from time to time and the last rent agreement was executed on 31.08.2015. 2. Disputes arose between the petitioner and the 3[rd] respondent since the year 2016. The 3[rd] respondent attempted to forcibly evict the petitioner. The petitioner ## W.P.(C) No.20048/2023 & connected cases : 7 : therefore filed Ext.P3 OS No.390/2016 in the Musiff's Court, Thiruvalla. The 3[rd] respondent filed OS No.15/2017 seeking to evict the petitioner on the ground of _bona fide_ need. The suits were jointly tried. The petitioner's OS No.390/2016 was dismissed. OS No.15/2017 filed by the 3[rd] respondent was allowed. The petitioner filed appeal in the Sub Court, Thiruvalla. The Sub Court has granted Ext.P5 interim stay order against execution proceedings. The appeal is pending. 3. When the petitioner applied for renewal of Trade Licence, the 2[nd] respondent-Secretary rejected the application for renewal and directed the petitioner to stop business. The petitioner therefore filed W.P.(C) No.24602/2021 and this Court has passed Ext.P7 interim order staying coercive proceedings against the petitioner. 4. On 20.04.2023, the petitioner filed another application for Trade Licence. The 2[nd] respondent-Secretary to Grama Panchayat required the petitioner to produce Lease Deed from the landlord to prove possession of the shop room for which Trade Licence is sought for. The ## W.P.(C) No.20048/2023 & connected cases : 8 : petitioner informed the 2[nd] respondent that in view of the law laid down by this Court, production of Lease Deed is not necessary. The 2[nd] respondent, however, refused to follow the authoritative declarations of law made by the Apex Court and by this Court. 5. The petitioner states that he is not required to produce current Rent Deed or Consent from the landlord for renewal of licence or even for obtaining licence for the first time. In _**Sudhakaran v. Corporation of Trivandrum and another** [2016 (3) KHC 803]_ , the Apex Court has held that Consent is not necessary for obtaining licence even for the first time when tenant is under a valid tenancy. The demand of the petitioner is therefore illegal and arbitrary. 6. When W.P.(C) No.20048/2023 came up for admission, this Court passed an interim order directing the 2[nd] respondent-Secretary to issue Trade Licence to the petitioner provisionally and subject to the outcome of the writ petition. The petitioner applied for licence for conducting business of Stationery, Ladies items, Vegetables, Bakery ## W.P.(C) No.20048/2023 & connected cases : 9 : and Fresh Juice. The 2[nd] respondent issued licence to conduct “stationary shop alone”. Alleging that the said conduct of the 2[nd] respondent is in defiance of the lawful interim order of this Court, the petitioner has filed Contempt of Court Case No.2263/2023. 7. The 3[rd] respondent-landlord (the 4[th] respondent in in W.P.(C) No.24602/2021) filed a counter affidavit and resisted the writ petitions. The 3[rd] respondent contended that only one shop room was rented out to the petitioner for conducting business. The petitioner, on several occasions, attempted to sublet the premises and to induct strangers. The suit filed by the 3[rd] respondent was decreed in his favour with a direction to the petitioner-defendant to handover vacant possession of the shop room within 45 days. 8. The 3[rd] respondent argued that the petitioner cannot clandestinely seek permission for Trade Licence for conducting business in another item not permitted in the old licence. If the petitioner wants to conduct business in a new item, he has to file a fresh application for Trade Licence. ## W.P.(C) No.20048/2023 & connected cases : 10 : The writ petitions are without any merit and they are liable to be dismissed for suppression of material facts, contended the 3[rd] respondent. 9. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 and 2 and the learned counsel appearing for the 3[rd] respondent. 10. The petitioner claims that he is a tenant of the 3[rd] respondent and has been continuing as a tenant on the basis of Rent deed which was renewed each year. Ext.P2 Rent Deed dated 31.08.2015 is the last Rent Deed executed by the petitioner. Dispute arose between the petitioner and the landlord in the year 2016 and therefore no Rent Deed was executed thereafter. When the petitioner submitted application for renewal of Trade Licence, the Secretary to the Panchayat did not renew the Trade Licence. Instead of issuing Trade Licence, the Secretary directed the petitioner to stop the business since the petitioner is running vegetable vending without licence. The Medical Officer issued an order ## W.P.(C) No.20048/2023 & connected cases : 11 : stating that a sanitation certificate cannot be issued to the petitioner since the petitioner is conducting new business in vegetables without permission. The petitioner has challenged Exts.P15 and P16 order/notice in W.P.(C) No.24602/2021. 11. By Ext.P10 communication dated 20.04.2023 in W.P.(C) No.20048/2023, the Secretary required the petitioner to produce legal documents to establish possession of the shop room where the petitioner is running business. By Ext.P12 communication dated 08.05.2023, the Secretary required the petitioner to produce NOC / Lease Deed from the landlord. The petitioner is challenging Exts.P10 and P12 in W.P.(C) No.20048/2023. The requirement of obtaining NOC from the landlord for the purpose of obtaining Trade Licence from the local authorities was considered by the Apex Court in the judgment in _**Sudhakaran**_ (supra). The Apex Court held that Consent of the landlord is not necessary for obtaining licence even for the first time when tenant is under valid tenancy and wants to ## W.P.(C) No.20048/2023 & connected cases : 12 : conduct a lawful business. 12. This Court dealt with the issue in _**Shajimon C.G. v. Chirakkadavu Grama Panchayat and others** [2022 (5) KLT 281]_ . This Court held that a tenant cannot be deprived of running lawful business merely because the landlord withheld the Consent. In the matter of renewal of Trade Licence also, the rights and interest of the tenants are to be protected till they are evicted in accordance with law. 13. Be that as it may, the petitioner has submitted application for issuance of a licence for the year 2023-2024, for conducting business in Stationery, Ladies items, Vegetables, Bakery items, Fresh Juice, etc. The application is produced as Annexure-A2 in Contempt of Court Case No.2263/2023. In the facts and circumstances of the case, I am of the view that the interest of justice will be met if the Secretary considers Annexure-A2 application taking note of the law laid down by the Hon’ble Apex Court in the judgment in _**Sudhakaran**_ (supra). ## W.P.(C) No.20048/2023 & connected cases : 13 : W.P.(C) No.20048/2023 is therefore disposed of directing the 2[nd] respondent-Secretary to Grama Panchayat to consider Annexure-A2 application for Trade Licence submitted by the petitioner for the year 2023-2024 treating the same as an application for issuance of a fresh Trade Licence in respect of the business indicated therein. The petitioner has already produced Tax Receipt and Sanitation Certificate. Since the requirement of producing Consent is unnecessary in the light of the judgment of the Hon’ble Apex Court in _**Sudhakaran**_ (supra), the Secretary to the Panchayat shall pass orders on the application within a period of one month. In view of the afore direction, W.P.(C) No.24602/2021 and Contempt of Court Case No.2263/2023 are closed. Sd/- **N. NAGARESH, JUDGE** aks/04.03.2024 ## W.P.(C) No.20048/2023 & connected cases : 14 : ## **APPENDIX OF WP(C) 20048/2023** ## **PETITIONER'S EXHIBITS** **Exhibit P1 THE TRUE COPY OF THE RENT DEED DATED 29.05.2008 Exhibit P2 THE TRUE COPY OF THE RENT DEED DATED 31.08.2015 Exhibit P3 THE TRUE COPY OF THE PLAINT IN O.S NO.390/2016 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA Exhibit P4 THE TRUE COPY OF THE O.S NO. 15/2017 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA Exhibit P5 THE TRUE COPY OF THE INTERIM STAY ORDER DATED 18.07.2022 IN I.A NO.1/2022 IN A.S NO.19/2022 OF SUB COURT, THIRUVALLA Exhibit P6 THE TRUE COPY OF THE ORDER NO.C53895/2021 DATED 03.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REJECTING APPLICATION FOR LICENSE Exhibit P7 THE TRUE COPY OF THE INTERIM ORDER DATED 09.11.2021 IN W.P(C) NO.24602/2021 OF THIS HON'BLE COURT Exhibit P8 THE TRUE COPY OF THE INTERIM ORDER DATED 25.05.2023 IN W.P(C) NO.24602/2021 OF THIS HON'BLE COURT Exhibit P9 THE TRUE COPY OF THE RECEIPT VIDE FILE NO.400354/RPTL19/GPO/2023/1374 DATED 20.04.2023 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT Exhibit P10 THE TRUE COPY OF THE LETTER VIDE NO. 400354/RPTL19/GPO/2023/1374 DATED 20.04.2023 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER** ## W.P.(C) No.20048/2023 & connected cases : 15 : |**Exhibit P11**|**THE TRUE COPY OF THE REPRESENTATION**| |---|---| ||**DATED 25.04.2023 PREFERRED BY THE**| ||**PETITIONER TO THE 2ND RESPONDENT AS**| ||**REPLY TO EXT.P10**| |**Exhibit P12**|**THE TRUE COPY OF THE COMMUNICATION**| ||**VIDE NO. 400354/RPTL19/GPO/2023/1374/**| ||**(2) DATED 08.05.2023 ISSUED BY THE 2ND**| ||**RESPONDENT TO THE PETITIONER**| ## W.P.(C) No.20048/2023 & connected cases : 16 : ## **APPENDIX OF WP(C) 24602/2021** ## **PETITIONER'S EXHIBITS** **Exhibit P1 THE TRUE COPY OF THE RENT DEED DATED 29.05.2008.** **Exhibit P2 THE TRUE COPY OF THE RENT DEED DATED 31.08.2015.** - **Exhibit P3 THE TRUE COPY OF THE PLAINT IN O.S. NO. 390/2016 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA.** **Exhibit P4 THE TRUE COPY OF THE AD-INTERIM INJUNCTION ORDER IN I.A. NO. 2284/2016 IN O.S. NO. 390/2016 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA.** - **Exhibit P5 THE TRUE COPY OF THE OS NO. 15/2017 ON THE FILES OF MUNSIFF'S COURT, THIRUVALLA.** - **Exhibit P6 THE TRUE COPY OF THE NOTICE NO. C7/3389/2016 DATED 26.07.2016 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** - **Exhibit P7 THE TRUE COPY OF THE D&O LICENSE VIDE NO. 157/2016 DATED 22.03.2017 ISSUED IN FAVOUR OF PETITIONER'S BUSINESS.** - **Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED 30.06.2021 ALONG WITH RECEIPT DATED 01.07.2021 OF 1ST RESPONDENT GRAMA PANCHAYAT.** - **Exhibit P9 THE TRUE COPY OF THE NOTICE VIDE NO. C5/2708/21 DATED 13.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** - **Exhibit P10 THE TRUE COPY OF THE REPLY STATEMENT DATED 16.09.2021 PREFERRED BY THE PETITIONER TO EXT. P9 NOTICE.** - **Exhibit P11 THE TRUE COPY OF THE APPLICATION FOR TRADE LICENSE PREFERRED BY THE PETITIONER AND THE RECEIPT.** ## W.P.(C) No.20048/2023 & connected cases : 17 : **Exhibit P12 THE TRUE COPY OF THE REPRESENTATION DATED 18.09.2021 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P13 THE TRUE COPY OF THE NOTICE NO. C53895/2020 DATED 13.10.2021 OF THE 2ND RESPONDENT. Exhibit P14 THE TRUE COPY OF THE APPLICATION SEEKING EXTENSION OF TIME DATED 20.10.2021 ALONG WITH RECEIPT. Exhibit P15 THE TRUE COPY OF THE LETTER DATED 01.11.2021 ISSUED BY THE 3RD RESPONDENT REJECTING THE APPLICATION FOR SANITARY CERTIFICATE. Exhibit P16 THE TRUE COPY OF THE NOTICE NO. C5/2708/21 DATED 02.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P17 THE TRUE COPY OF THE APPLICATION DATED 05.11.2021 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P18 THE TRUE COPY OF THE ORDER NO. C53895/2021 DATED 03.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REJECTING APPLICATION FOR LICENSE.** **RESPONDENT'S EXHIBITS** **Exhibit R4(a) TRUE COPY OF THE COMMON JUDGMENT OF MUNSIFF COURT THIRUVALLA IN O.S.NO.390/2016 & O.S.NO.15/2017 DATED 10/02/2022.** ## W.P.(C) No.20048/2023 & connected cases : 18 : ## **APPENDIX OF CON.CASE(C) 2263/2023** ## **PETITIONER'S ANNEXURES** **Annexure A1 THE CERTIFIED COPY OF THE INTERIM ORDER DATED 24.08.2023 IN W.P(C) NO.20048/2023 OF THIS HON'BLE COURT Annexure A2 THE TRUE COPY OF THE APPLICATION FOR TRADE LICENSE SUBMITTED BY THE PETITIONER AND ACCEPTED AS PER EXT.P9 RECEIPT IN THE WRIT PETITION Annexure A3 THE TRUE COPY OF THE TRADE LICENSE VIDE NO. SC1/2023/1374/140 DATED 30.09.2023 ISSUED BY RESPONDENT/RESPONDENT NO.2 TO THE PETITIONER** ## **RESPONDENT'S ANNEXURES** **Annexure R2 A true copy of the D and O license issued by the Puramattom panchayath dated 22/03/2017 Annexure R1 A true copy of the D and O license issued by the Puramattom panchayath dated 30/09/2023**