Legal Reference Library

The bench comprising of Justice Shaji P. Chaly, allowed the writ petition and issued a mandamus directing the Kerala State Housing Board and others to ensure that various flats constructed under a housing scheme for residential purposes at the Chinnakkada Housing Accomodation Scheme Site II of the Housing Board, Kollam, are not being used for other commercial purposes. The Housing scheme in question was meant for residential purposes. Further, Clause 19 of the Hire Purchase Agreement for those who opted for hire purchase also restricted use to residential purposes as does Regulation 6 (1) of the Kerala State Housing Board (Formation of Allottees Associations) Regulations, 2000). Nevertheless, various flats in the complex for being used as offices, godowns, training centres etc. Earlier alottees had raised the issue with the Board, whose inaction triggered O.P. No. 28612/2000 before the same court, wherein respondents 1 to 3 had been directed to see that flats were not used for any purp...

The Supreme Court in Sudhakaran vs. Corporation of Kochi has held that the requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time and not for Renewal or subsequent application for obtaining licence on expiry of the period of the existing licence, during the currency of the tenancy. The Apex Court bench comprising of Justices V. Gopala Gowda and Adarsh Kumar Goel set aside the Division Bench judgment of Kerala High Court, where in it was held that that the consent of the owner of the premises is necessary for renewal of tenant’s licence for running a hardware shop. The Court upheld the order of Tribunal, which had held that renewal cannot be refused only on the ground that the fresh consent was not produced by the statutory tenant. The tenant who had applied for renewal of licence to run a hardware shop was refused by Village Panchayath on the ground that he did not produce ‘consent’ from the land lord. The Tribunal for Local S...