Thottathil B.Radhakrishnan, J.
1. We have heard the learned counsel for the appellant and the learned counsel for the Thiruvananthapuram Corporation.
2. The appellant, Kerala State Beverages (Manufacturing & Marketing) Corporation Limited is aggrieved by the refusal of the learned single Judge to interfere with a notice issued by the Thiruvananthapuram Corporation, requiring the Beverages Corporation to close down an outlet on the ground that it has not been issued licence to operate it in that premises. The fundamental issue is as to whether the building is a commercial one, which can be utilized for the purpose of Beverages Corporation. It is not in dispute that the building stands registered as a residential building. It is the liability of the landlord to get conversion of that building to a commercial building, if that is permissible in accordance with the appropriate and applicable laws. That decision has to be taken by the Corporation of Thiruvananthapuram. If there is any dispute in that regard, the matter has to be resolved by the Tribunal for Local Self Government Institutions. It will be wholly inappropriate for the writ court to compel the Corporation of Thiruvananthapuram to permit the Beverages Corporation to operate an outlet in a building which has not been allowed to be used as a commercial building. Hence, we do not find any legal infirmity in the decision of the learned single Judge.
3. We are also not impressed by the submission on behalf of the appellant that it was entitled to be heard by the Corporation of Thiruvananthapuram. This is so because, the tenant may not have any right to insist that a building should be converted for a particular user, except with the concurrence of the landlord. If the landlord has failed in obtaining the conversion, it is for him to seek appropriate remedies in accordance with law.
In the result, this writ appeal is dismissed without prejudice to the right of the Beverages Corporation or the owner of the building in question, to seek appropriate remedies from appropriate jurisdiction in accordance with law.
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(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG