IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33102 of 2008(N) -------------------------- PETITIONER(S): --------------- 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 RESPONDENT(S): --------------- 1. ALUVA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA 683 101. 2. THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, ALUVA 683 101. SHRI.V.M.KURIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 33102 of 2008 ================== Dated this the 17th day of November, 2008 J U D G M E N T The petitioner has approached this Court seeking a direction to the 1st respondent-Municipality to issue deemed licence to the petitioner since the Municipality did not pass orders on their application for licence within the time stipulated under the Kerala Municipality Act. The learned Standing Counsel appearing for the Municipality submits that the application could not be considered only because of the alleged laches on the part of the petitioner. According to the Standing Counsel, the petitioner did not pay licence fee and did not make appropriate arrangements to facilitate inspection of the premises as is evident from Ext.P6 letter produced by the petitioner themselves. The standing counsel further submits that subsequently the application has been rejected also, against which the petitioner has a right of appeal. The petitioner points out that they had in fact, by Ext.P6, requested for another date for inspection, which has not been considered by the Municipality. In the above circumstances, the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioner to challenge the order now passed in an appeal as provided under the Kerala Municipality Act. Permission is granted and the writ petition is dismissed as withdrawn with the above liberty. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2