JUDGMENT K. Surendra Mohan, J. 1. The petitioner is aggrieved by Exhibit P11 communication of the third respondent by which, he has been directed to produce a consent letter of the building owner for the grant of registration under the Kerala Municipalities (Registration of Private Hospitals and Private Para Medical Institutions) Rules, 1997 ('the rules� for short. According to the petitioner, he has been conducting a Dental Clinic by name Poly Dental Specialists Centre from 1987 onwards. Presently, a litigation is pending between the land lord and petitioner, who has sought vacant possession of the building by initiating proceedings under the Kerala Building (Lease and Rent Control) Act, 1965. Therefore, he is not in a position to obtain a consent from the land lord. It is contended that the Rules do not stipulate the production of a consent of the land lord. 2. According to Shri Thampan Thomas who appears for the petitioner, Rule 4 of the Rules do not stipulate the production of a consent of the land lord as a pre-condition for registration. Reference is made to Form No.4 that prescribes the proforma for seeking registration to submit that, no such requirement is stipulated by the said form also. Advocate Siby Mathew appears for the respondents. 3. Heard. 4. Rule 4 of the Rules reads as follows:- 4. Registration of the existing private hospitals and private paramedical institutions.--- (1) A person running any private hospital or a private paramedical institution, which was in existence at the time of commencement of the Act and is still functioning or which has started functioning after the commencement of the Act and has not been registered, shall, within a period of three months from the date of commencement of these rules, submit an application for registration in accordance with these rules. (2) An application for registration of a private hospital or a private paramedical institution in a Municipality under subrule( 1) shall be submitted to the Secretary in Form No.4 together with a registration fee of Rupees three hundred. (3) The Secretary shall, on receipt of an application under sub-rule (2) conduct on enquiry and if satisfied with the correctness of the particulars in the application, give registration observing the procedures laid in sub-rules(6) and (7) of rules 3.
(3) The Secretary shall, on receipt of an application under sub-rule (2) conduct on enquiry and if satisfied with the correctness of the particulars in the application, give registration observing the procedures laid in sub-rules(6) and (7) of rules 3. The above provision does not stipulate the production of a consent from the land lord as a precondition for the grant of registration under the Rules. As rightly contended by the counsel for the petitioner, Form No.4 that is applicable to the petitioner's case also does not contain any such stipulation. The application in the prescribed form submitted by the petitioner is Exhibit P6. In view of the above, the direction in Exhibit P11 is unsustainable. Exhibit P11 is therefore set aside. This writ petition is disposed of directing the respondents to consider the application for registration submitted by the petitioner, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.