IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 21358 of 2008(P) -------------------------------------- PETITIONER: ----------------- SPENCER'S RETAIL LTD., REGIONAL OFFICE 30/286, PANICKERS FOUNDATION, PETTA JUNCTION, POONITHURA,KOCHI 682 038, REPRESENTED BY ITS GENERAL MANAGER KERALA K.SREEKANTH, AGED 37YEARS S/O. A.KUMAR. BY ADV. SRI.H.B.SHENOY SRI.ASHOK B.SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: ---------------------- 1. MUVATTUPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, MUVATTUPUZHA. 2. THE SECRETARY MUVATTUPUZHA MUNICIPALITY, MUNICIPAL OFFICE,MUVATTUPUZHA. ADV. SRI.V.M.KURIAN, SC FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.21358/2008 ----------------------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT Heard both sides. An application made by the petitioner for a trade licence was rejected by Ext.P1. Petitioner carried the matter in appeal before the council and that also was rejected by Ext.P3. The matter was carried to the Tribunal in revision and the Tribunal by Ext.P4 order disposed of the revision allowing the same and upholding that the petitioner is entitled to deemed licence under Section 447(6) of the Municipality Act for the period 2007-08. 2. As the period of deemed licence had expired, the petitioner submits that, on 12.6.2008 an application was made for renewal of the licence for the year 2008-09. That was rejected by the Municipality by Ext.P6 order, wherein /2/ the reason stated for the rejection are the same which were stated in Exts.P3 and P4. It is on this ground, the order is challenged in this writ petition. 3. Having gone through Ext.P6 and comparing the reasons stated therein with those stated in Exts.P3 and P4, I am satisfied that the petitioner is perfectly justified in his contention that the reasons stated in the impugned order, are already rejected by the Tribunal in Ext.P4 order. Therefore, Ext.P6 deserves to be set aside and I do so. It is directed that the Municipality shall issue licence as applied for by the petitioner, for the year 2008-09 subject to the payment of fee as prescribed in the rules. Licence shall be issued, as expeditiously as possible, and at any rate within 2 weeks from the date of production of a copy of the judgment. Petitioner shall produce a copy of the judgment before the Ist respondent for compliance. Writ Petition is disposed of as above. vi ANTONY DOMINIC JUDGE /2/