Muvattupuzha Municipality vs Reliance Hyper Market Ltd on 19 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5450 of 2009(A)


1. MUVATTUPUZHA MUNICIPALITY,
                      ...  Petitioner

                        Vs



1. RELIANCE HYPER MARKET LTD.,
                       ...       Respondent

                For Petitioner  :SRI.T.RAJESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/02/2009

 O R D E R
                             S. Siri Jagan, J.
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                      W. P (C) No. 5450 of 2009
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                Dated this, the 19th February, 2009.

                            J U D G M E N T

The petitioner is a Municipality. They are challenging Ext. P5

order of the Tribunal wherein appeal filed by the respondent herein

against the order of the Municipality refusing licence to the

respondent’s retail outlet has been set aside and the Secretary of the

Municipality was directed to issue a licence as prayed for by the

respondent within 15 days from the date of the order. The licence

was refused by the Municipality on two grounds. The first was that

the respondent had not produced no-objection certificate from Fire

and Rescue Department. The second was that the respondent had not

provided facility for treatment of solid waste, which is a must for

granting licence for the trade. The Tribunal found that originally the

Secretary had pointed out that fresh application was filed by the

respondent after curing all defects and all necessary documents

including consent from the Pollution Control Board have been

produced. The Tribunal further found that there was no statutory

backing for the other two objections. Before me also, counsel for the

petitioner could not point out any provision of law, which would

support their objection for refusing licence. Without any statutory

provisions for issue of a trade licence, a Municipality cannot insist on

N.O.C from Fire and Rescue Department and providing for facility of

treatment of solid waste. In fact, disposal of solid waste is the

statutory duty of the Municipality. Therefore, I do not find any

W.P.C. No. 5450/2009 -: 2 :-

infirmity whatsoever in Ext. P5 order. That being so, the writ petition

is without any merit and accordingly the same is dismissed.

S. Siri Jagan, Judge.

Tds/