MANOJ Vs. KATTAPPANA MUNICIPALITY

JUDGEMENT

(1.) The petitioner was running a meat and vegetable stall within the territorial limits of the first respondent Municipality for the last few years. On 12/3/2025, the petitioner applied for the renewal of Ext.P1 trade license. But the second respondent has failed to communicate any decision, either of approval or rejection, within 30 days of submitting the renewal application. Hence, the petitioner is entitled to a deemed license under Sec. 447(6) of the Kerala Municipality Act, 1994 (for short, 'Act').

(2.) The second respondent has filed a statement contending that, although the petitioner had submitted the renewal application on 12/3/2025, it was returned on 24/3/2025 due to certain defects. The petitioner resubmitted the application only on 27/3/2025. Consequently, the Health Inspector conducted an inspection and found that the petitioner has encroached on the PWD drainage, discharged wastewater into the drainage, and has maintained his backyard in an unhygienic condition. In view of the above facts, the renewal application was rejected on 25/4/2025, i.e., within 30 days from the date of resubmission of the application. Hence, the petitioner is not entitled to a deemed license.

(3.) Pursuant to this Court's direction, the second respondent has filed an additional statement producing Annexure 1 - the order rejecting the petitioner's application. It is asserted that, though attempts were made to serve the order on the petitioner, he refused to accept the same. Consequently, Annexure 2 letter, containing the Annexure 1 order, was affixed in the petitioner's building.