JUDGMENT :

SHAJI P. CHALY, J.

1. Respondents 1 to 3, i.e. the Mannarkkad Municipality, the Secretary and the Municipal Council in W.P. (C) No. 25817/2020, are the appellants, challenging the legality and correctness of the following interim order passed by the learned Single Judge dated 17.12.2020:

“ORDER:

Admit. Respective Standing Counsel takes notice for the respondents.

In the light of Ext.P1 consent to establish and Ext.P2 consent to operate the fish market, Ext.P8 decision of the Municipality in rejecting the application for licence submitted by the petitioner is prima facie unsustainable, especially in the light of the decision of the Full Bench of this Court in Tomy Thomas vs. State of Kerala, 2019 (3) KLT 987.

In the circumstances, there will be an interim order, as prayed for.”

2. Subject issue relates to trade licence application submitted by the writ petitioner/1st respondent in the appeal to conduct a private market, on the basis that the Secretary of the Municipality is duty bound to issue licence since the writ petitioner has secured consent to establish and consent to operate from the Kerala State Pollution Control Board, evident from Exhibits P1 and P2. The Municipality,