IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 12445 of 2011(E) ------------------------------------ PETITIONER(S): ------------------------ 1. M/S. FUTURE VALUE RETAIL LTD.,(A 100% WHOLLY OWNED COMPANY OF M/S.PANTALOON RETAIN INDIA LTD., HAVING ITS REG. OFFICE AT KNOWLEDGE HOUSE, SHYAM NAGAR, JOGESHWARI(E),MUMBAI-400060)REP. BY VINOD SUBRAMANIAN,STORE MANAGER OF ITS DIVISION NAMED BIG BAZAR,T.C 38/1650(5-10)PAZHAVANGADI,TVM. 2. VINOD SUBRAMANIAN, STORE MANAGER, BIG BAZAR, A DIVISION OF M/S. FUTURE VALUE RETAIL LTD., ERSTWHILE PANTALOON INDIA LTD.) T.C 348/1650 (5-10) PAZHAVANGADI, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S): ------------------------ 1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, MUNICIPAL CORPORATION OFFICE, THIRUVANANTHAPURAM - 695 001. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, MUNICIPAL CORPORATION OF OFFICE, THIRUVANANTHAPURAM - 695 001. 3. THE CORPORATION COUNCIL, THIRUVANANTHAPURAM CORPORATION , REPRESENTED BY ITS MAYOR, MUNICIPAL CORPORATION OF OFFICE, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY ADVS. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 12445/11 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE CRTIFICATE OF INCORPORATION GRANTED TO THE 1ST PETITIONER COMPANY. EXT.P1(a): TRUE COPY OF THE FRESH CRTIFICATE OF INCORPORATION GRANTED TO THE 1ST PETITIONER COMPANY AFTER CHANGE OF NAME. EXT.P2: TRUE COPY OF THE AUTHORITY TO OPERATE EXECUTED BETWEEN THE PANTALOON RETAIL INDIA LIMITED AND FUTURE VALUE RETAIL .LIMITED. EXT.P3: TRUE COPY OF THE LEASE DEED ENTERED INTO BETWEEN THE FIRST PETITIONER AND M/S MALABAR CASTLES PVT.LTD., THIRUVANANTHAPURAM. EXT.P4: TRUE COPY OF THE APPLICATION DT.28.2.2011 FOR RENEWAL OF TRADE LICENSE, SUBMITTED BY THE 2ND PETITIONER. EXT.P4(a): TRUE COPY OF THE APPLICATION DT.28.2.2011 FOR RENEWAL OF P.F.A LICENSE, SUBMITTED BY THE 2ND PETITIONER. EXT.P4(b): TRUE COPY OF THE COVERING LETTER DT.28.2.2011FROM THE PETITIONER WITH WHICH EXTS.P4 AND P4(B) WERE SENT. EXT.P5: TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING RECEIPT OF EXTS.P4 TO P4(b) BY THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE ORDER No.H12-47433/10 DT.26.3.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF REPLY DT.5.4.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P8: TRUE COPY OF THE NOC FURNISHED BY SRI.RAVEENDRAN PILLAI BEFORE THE RESPONDENT CORPORATION. EXT.P9: TRUE COPY OF THE PROFESSIONAL TAX RECEIPT NO.24351 DATED 21.02.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE ORDER OF THE TIBUNAL FOR LOCAL SELF- GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 23.6.2009 IN APPEAL NO.274/09. EXP11: TRUE COPY OF THE APPEAL ALONG WITH STAY PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE CORPORATION COUNCIL DATED 8.4.2011. RESPONDENT'S EXHIBITS:-NIL //TRUE COPY// P.A TO JUDGE HARUN-UL-RASHID, J. ------------------------ W.P.(C).No. 12445 Of 2011 ---------------------- Dated this the 17th day of August, 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P6 order and for a direction commanding the respondents to renew the Trade and P.F.A licenses in favour of the petitioners for the year 2011-12 as applied for in Ext.P4 and P4(a) application or on the application dated 5.4.2011 attached to Ext.P7 and for other incidental reliefs. 2. The first petitioner is the Manager of the shop by name “Big Bazaar” at M.G.Road, Pazhavangadi, Thiruvananthapuram. The petitioner submits that the retail store commenced functioning after obtaining the trade and PFA licence from the Corporation, and that the application for renewal of the licence submitted for the year 2011-2012 produced as marked as Exts.P4 and P4 W.P.(C).No. 12445 Of 2011 2 (a). Ext. P6 is the order rejecting the applications pointing out certain defects. Petitioners challenge Ext.P6 order before the corporation council. Ext.P11 is the copy of the appeal memorandum along with the appeal. The petitioner also moved an application for interim stay of all further proceedings pursuant to Ext.P6 order. The writ petition is filed apprehending action on the part of the respondent Corporation to close down the business of the petitioners. 3. Ext.P11 appeal preferred by the petitioner is pending consideration before the third respondent. This court while admitting the writ petition issued passed interim order staying all further proceedings pursuant to Ext.P6. 4. In the above said facts the writ petition is disposed of with a direction to the third respondent to consider and pass appropriate orders on Ext.P11 appeal W.P.(C).No. 12445 Of 2011 3 within a period of three months from the date of receipt of a copy of the judgment. The interim order of stay passed by this court shall continue till the disposal of the appeal. HARUN-UL-RASHID, Judge. mns/-