ABAAM HOTEL Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, a unit of a Private Limited Company, is running a Three Star Hotel. In the course of time, with a view to establishing a Beer and Wine Parlour, the petitioner has desired to obtain an FL-11 licence from the Excise Department. Since one of the stipulations for obtaining the said licence is to have a 'No Objection Certificate' (NOC) from the fourth respondent, the petitioner submitted Exhibit P2 application before the fourth respondent on 10.09.2014. That apart, the petitioner is also said to have submitted Exhibit P6 application to the same authority for the grant of a 'hygiene and sanitation certificate' for the Hotel.

(2.) For considering the applications submitted for the purpose of obtaining any licence or permission the time limit is thirty days as per Section 447 (6) of the Kerala Municipality Act ('the Act' for brevity). The respondent authorities have, however, not taken within the stipulated time any decision on the applications made by the petitioner; on the other hand, they issued to the petitioner Exhibit P3 notice on 01.11.2014, informing that the 'No Objection Certificate' could not be granted to it. It was beyond the stipulated time.

(3.) After Exhibit P3 notice, there is, nevertheless, no further correspondence, much less rejection concerning Exhibit P6 application for sanitation certificate. Under these circumstances, the petitioner has approached this Court assailing Exhibit P3, apart from seeking a declaration that the NOC is deemed to have been granted in terms of Section 447(6) of the Act.