IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5450 of 2009(A) ------------------------- PETITIONER(S): --------------- MUVATTUPUZHA MUNICIPALITY, REP. BY ITS SECRETARY, MUNVATTUPUZHA MUNICIPALITY BY ADV. SRI.T.RAJESH RESPONDENT(S): --------------- RELIANCE HYPER MARKET LTD., CHANDRIKA CHAMBERS, S.A. ROAD, VYTTILA, COCHIN-19 REP. BY ITS AUTHORISED SIGNATORY C.S. ANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 5450 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th February, 2009. J U D G M E N T The petitioner is a Municipality. They are challenging Ext. P5 order of the Tribunal wherein appeal filed by the respondent herein against the order of the Municipality refusing licence to the respondent's retail outlet has been set aside and the Secretary of the Municipality was directed to issue a licence as prayed for by the respondent within 15 days from the date of the order. The licence was refused by the Municipality on two grounds. The first was that the respondent had not produced no-objection certificate from Fire and Rescue Department. The second was that the respondent had not provided facility for treatment of solid waste, which is a must for granting licence for the trade. The Tribunal found that originally the Secretary had pointed out that fresh application was filed by the respondent after curing all defects and all necessary documents including consent from the Pollution Control Board have been produced. The Tribunal further found that there was no statutory backing for the other two objections. Before me also, counsel for the petitioner could not point out any provision of law, which would support their objection for refusing licence. Without any statutory provisions for issue of a trade licence, a Municipality cannot insist on N.O.C from Fire and Rescue Department and providing for facility of treatment of solid waste. In fact, disposal of solid waste is the statutory duty of the Municipality. Therefore, I do not find any W.P.C. No. 5450/2009 -: 2 :- infirmity whatsoever in Ext. P5 order. That being so, the writ petition is without any merit and accordingly the same is dismissed. S. Siri Jagan, Judge. Tds/