In Brief
A tenant in Kerala sought renewal of his business licence (hardware shop) without obtaining fresh consent from his landlord. The licensing authority rejected the renewal application. The Tribunal and Single Judge held that consent is required only for initial licensing, not renewal. The Division Bench disagreed, treating the expired licence as requiring fresh consent. The Supreme Court held that Section 492(3) of the Kerala Municipality Act applies only to first-time licences. Renewal of existing licences does not require fresh landlord consent. A valid tenancy itself implies authority for legitimate business use, and a tenant cannot be deprived of lawful business merely because a landlord withholds consent.
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