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2008 Supreme(Ker) 302

ANTONY DOMINIC
Rajesh Ramachandran, Manager, Pantaloon Retail India Ltd. – Appellant
Versus
Corporation Of Thiruvananthapuram – Respondent


Advocates Appeared:For the Petitioners:K. Ramakumar, (SR.) Advocate. For the Respondents:N. Nandakumara Menon, (Sr.) Advocate.

Judgment :

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 13.2008 petitioner submitted an application for licence in terms of sec.447 of the Act. Ext.P1 is the receipt issued by the respondent acknowledging the receipt of application on 13.2008. On receipt of the application as above, the respondent by Ext.P2 communication dated 4.2008 informed the petitioner that there are certain inadequacies in the application submitted and that unless they are rectified, the respondent will not be in a position to take further action on the application. It was also informed that without obtaining licence, the petitioner should not proceed to start business and t



















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