IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 24206 of 2008(F) -------------------------- PETITIONER: --------------- SPENCER'S RETAIL LTD. REGIONAL OFFICE, 30/286,PANICKER FOUNDATION PETTA, KOCHI 682 038, REPRESENTED BY ITS GENERAL MANAGER-KERALA K.SREEKANTH, AGED 37 YEARS S/O. A.KUMAR BY ADV. SRI.H.B.SHENOY SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL SMT.LAKSHMI B.SHENOY SRI.ABU MATHEW SRI.SOBHAN GEORGE RESPONDENTS: ----------------- 1. CORPORATION OF KOCHI REPRESENTED BY ITS SECRETARY, PARK AVENUE ERNAKULAM KOCHI 682 011 2. THE SECRETARY CORPORATION OF KOCHI, PARK AVENUE ERNAKULAM KOCHI 682 011 BY SRI.S.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, ALONG WITH WPC NO. 24640 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 24206 & 24640 OF 2008 ========================= Dated this the 20th day of August, 2008 J U D G M E N T In these writ petitions, the parties are the same and the relief sought is also identical and therefore these cases are disposed of by this common judgment. 2. The prayer sought in these writ petitions are for a declaration that the petitioner is entitled to deemed grant of licence in terms of the provisions contained in the Kerala Municipality Act, 1994 and for restraining the respondents from preventing the petitioner from opening and running their retail supermarket outlets in building No.CC48/432A(1) at Elamakkara and CC 36/1286 A and A1 at Kaloor in Cochin. 3. In so far as WP(C) No.24206/08 is concerned, it is seen that under cover of Ext.P2, petitioner had submitted Ext.P1 application for licence. The application is dated 12/5/2008 and from Ext.P3 postal receipt, it is seen that the application was despatched to the Secretary of the Corporation. Ext.P4 acknowledgement card shows that these applications were delivered to the 2nd respondent on 15/5/2008. There was no response from the 2nd respondent. Subsequently, under cover of Ext.P6, WPC 24206 & 24640/08 :2 : petitioner forwarded Ext.P5 Demand Draft of Rs.5,000/-towards licence fee, the receipt of which was acknowledged by the 2nd respondent on 2/7/2008 as per Ext.P8. 4. In so far as WP(C) No.24640/08 is concerned, Ext.P1 dated 22/5/2008 is the application form which was acknowledged by the 2nd respondent as per Ext.P4 on 24/5/2008. Here also payment was made towards licence fee as per Ext.P5 demand draft which was forwarded under cover of Ext.P6. The delivery of Exts. P5 and P6 are seen acknowledged as per Ext.P8 on 25/7/2008. 5. In both these cases, despite receipt of the application forms from the petitioner for licence, no decision was taken or communicated to the petitioner within the time permitted under Section 447(6) and 492(15) of the Kerala Municipalities Act. On that basis, petitioner contends that it is entitled to deemed grant of licence as provided in the aforesaid statutory provisions. It is on that premise that the petitioner is seeking a declaration that it is entitled to deemed grant of licence and a direction preventing the respondents from interfering with their business. WPC 24206 & 24640/08 :3 : 6. Section 447(6) provides that if the order on an application for any licence or permission are not communicated to the applicant within thirty days after the receipt of the application by the Secretary or within such longer period, as may be prescribed in any class of cases, the application shall be deemed to have been allowed for the period required in the application, subject to the Act, rules and bye-laws and all conditions which would have been ordinarily imposed. Similar is the provision contained in Section 492(15) of the Act. 7. In so far as WP(C) No.24206/08 is concerned, the receipt of Ext.P1 application has been acknowledged by the 2nd respondent on 15/5/2008. Similarly in WP(C) No.24640/08, the receipt of Ext.P1 therein has been acknowledged by Ext.P4 dated 24/5/2008. Since a decision on the applications referred to above has not been taken or communicated to the petitioner within the time provided for in the aforesaid statutory provisions, petitioner is entitled to deemed grant of licence as applied for by it. 8. In view of the statutory provisions noticed above and in view WPC 24206 & 24640/08 :4 : of the admitted receipt of the applications referred to above, I declare that a deemed licence has accrued in favour of the petitioner pursuant to Ext.P1 applications made by it. In view of the deemed grant of licence as above, it is directed that the respondents shall not prevent the petitioner from opening and running the retail supermarket outlet units at the places referred to in paragraph 2 of this judgment. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp