IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WA.No.585 of 2009 ----------------------- AGAINST THE JUDGEMENT IN WPC.5450/2009 Dated 19/02/2009 .................... APPELLANT/PETITIONER: --------------------------- MUVATTUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUVATTUPUZHA MUNICIPALITY. BY MR.T.RAJESH, ADVOCATE. RESPONDENT/RESPONDENT: --------------------------------- RELIANCE HYPER MARKET LTD. CHANDRIKA CHAMBERS, S.A.ROAD, VYTTILA, COCHIN - 19, REP. BY ITS AUTHORIZED SIGNATORY C.S.ANILKUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.585 OF 2009 ------------------------------------------ Dated this the 12th day of March, 2009. J U D G M E N T Kurian Joseph, J. The appellant is the petitioner in W.P.(C) No.5450/2009. The appellant-petitioner challenged Exhibit P5 order of the Tribunal for Local Self Government Institutions whereby the Tribunal issued a direction to the Municipality to grant licence to the respondent. The Tribunal took note of the fact that there was no legal or tenable ground so as to deny licence. Learned Single Judge also has noted in the judgment that the Municipality could not point out any provision of law which would support their objection for refusing licence. 2. Learned counsel submits that being a hyper market, waste management will be a serious problem. It is for the Municipality to issue appropriate direction. In anticipation of apprehended problem, unless the law otherwise permits the W.A.No.585/2009 2 Municipality to do so, the licence cannot be refused. Therefore, we do not find any merit in the writ appeal. It is accordingly dismissed. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.585/2009 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No.585 OF 2009 J U D G M E N T 12.03.2009