IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 37684 of 2008(J) -------------------------- PETITIONER(S): --------------- THE THRIKKAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY THOMAS S/O. MATHAI, AGED 53. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): --------------- 1. RELIANCE HYPER MART LTD., CHANDRIKA BUILDINGS, S.A. ROAD, VYTTILA, KOCHI -19, REPRESENTED BY ITS AUTHORISED SIGNATORY C.S.ANIL KUMAR, 2. THE TRIBUNAL FOR LOCL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. ADV. SRI.A.KUMAR FOR R1 BY GOVT. PLEADER SM.T K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010 A/W. WP(c).Nos.10883/2010 &9411/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the application for licence dated 24.6.2008 for the year 2008- 09. Ext.P2. True copy of the proceedings dated 31.7.2008 of the petitioner. Ext.P3. True copy of the appeal memorandum dated 25.8.2008 filed by the Ist respondent before the 2nd respondent. Ext.P4. True copy of the order dated 14.10.2008 passed b y the 2nd respondent. // true copy // P.S to Judge ANTONY DOMINIC, J. ----------------------------------------------------------------- W.P.(C) Nos.37684/08,9411/09&10883/2010 ------------------------------------------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T WP(c).No.37684/08 is filed by the Thrikkakara Grama Panchayat, challenging Ext.P4 order passed by the Tribunal for Local Self Government Institutions in Appeal No.443/08, declaring it ex-parte and taking the view that M/s. Reliance Hyper Mart Ltd., the first respondent in this writ petition is entitled to a deemed licence. The deemed licence declared in Ext.P4 order was for the year 2008-09 and therefore by lapse of time, period of the said deemed licence has expired long ago. Therefore, at this distance of time, I do not find any relevance to the issue raised in this writ petiton. Therefore WP(c).No.37684/08 is closed as infructuous. 2. In so far as WP(c).No.9411/09 is concerned, that was filed by M/s. Reliance Hyper Mart Ltd; against the Thrikkakara Grama Panchayat praying to quash Ext.P3, the communication by which the licence application made by the petitioner was returned stating that WP(c).No.37684/08 was pending. In that writ petition, this court passed an interim order dated 30.3.2009, directing the Panchayat to permit the petitioner to continue the business until further WPC.No.37684 /08 & ors. :2 : orders. The period for which the licence was applied for by the petitioner was for the year 2009-2010. Now that the said period has expired, and for that reason, WP(c).No.9411/09 is also closed as infructuous. 3. What remains is WP(c).No.10883/2010. In this case also, the petitioner made an application for renewal of its licence for the year 2010-2011. That application has also been returned by the Panchayat by Ext.P5 communication, stating that the Panchayat committee has not taken any decision regarding the granting of licence. 4. Having regard to the fact that in the previous years the petitioner had a deemed licence and also a licence in view of the interim order passed by this court and even according to the Panchayat there has not been any violation of the licence conditions, I cannot uphold the view taken by the Panchayat in Ext.P5 refusing to pass orders on the licence application made by the petitioner. 5. Therefore I quash Ext.P5 and direct the Panchayat to pass orders, renewing the licence of the petitioner for the year 2010- 2011. This shall be done as expeditiously as possible and at any WPC.No.37684 /08 & ors. :3 : rate within 2 weeks from the date of production of a copy of the judgment. WP(c).No.10883/2010 is disposed of as above. (ANTONY DOMINIC) vi JUDGE