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july 2016

Supreme Court of India · 2016-07-05

Sudhakaran vs Corp. Of Trivandrum & Anr

Citation / case number
AIR 2016 SUPREME COURT 3180
Court
Supreme Court of India
Petitioner
Sudhakaran
Respondent
Corp. Of Trivandrum & Anr
Author
Adarsh Kumar Goel
Bench
Adarsh Kumar Goel, V. Gopala Gowda

Judgment text excerpt

The Supreme Court interpreted Section 492(3) of the Kerala Municipality Act, 1994, affirming that the consent of the owner is only required for the initial application for a license, not for renewals. The Court held that a statutory tenant, who has been in possession and has previously held a valid license, cannot be denied renewal based on the lack of fresh consent from the landlord. The appeal was allowed, reinforcing the rights of statutory tenants under the Kerala Buildings (Lease and Rent Control) Act, 1965, against arbitrary actions by local authorities.

Sudhakaran vs Corp. Of Trivandrum & Anr · Niyam