RAJESH RAMACHANDRAN Vs. CORPORATION OF THIRUVANATHAPURAN

JUDGEMENT

(1.) The main prayer sought in this writ petition is to direct the respondent, the Corporation of Thiruvananthapuram, not to prevent the petitioner from carrying on the retail store "Big Bazaar" in the building "Kalpana Heights" Pattom, in Sy.No.1548/6, 7, 8, 9 and 10 in Ward No.2 of the respondent Corporation. Petitioner is seeking this relief on the basis that a deemed licence as provided under sec.447(6) of the Kerala Municipality Act, 1994 (hereafter referred to as the Act, for short) has accrued in its favour.

(2.) To decide this controversy, the short facts to be noticed are that: on 13.3.2008 petitioner submitted an application for licence in terms of sec.447 of the Act.

(3.) The respondent accepts receipt of the application on 13.3.2008, but only submits that as the application was defective, although it had the freedom to reject the application, in fairness, it issued Ext.P2 requiring the petitioner to rectify the defects in the application. It is also contended that though Ext.P3 reply was received, the defects were not cured, and hence the Corporation issued an order on 23.4.2008 declining licence to the petitioner. According to the respondent, when the order dated 23.4.2008 was delivered to the petitioner in the manner specified in sec.525 of the Act, that was declined to be accepted and thereupon it was sent by registered post and was also affixed in the premises of the petitioner. According to the Corporation, there is no question of any deemed licence as the communication dated 23.4.2008 is an order declining licence to the petitioner. It was further contended that the petitioner commenced business on 28.4.2008 without a licence attracting the consequences enumerated in sec.532 and 545 of the Act.