2015 (10) TMI 2278

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..... a five- star classification, which is the pre-requisite to have an FL-3 licence. In the wake of its obtaining five-star classification, the petitioner has once again staked a claim for an FL-3 licence. 3. Based on the direction given by the first respondent, the petitioner applied to the third respondent Corporation for a No-Objection Certificate to be produced before the first respondent for obtaining an FL-3 licence. Though the statute requires that the third respondent should consider the petitioner's application within thirty days in terms of Section 447(6) of the Kerala Municipality Act, the Corporation has not disposed of the same even after thirty days. Aggrieved, the petitioner has approached this Court seeking a declaration t .....

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..... in W.P.(C)No.18118/2015 has been brought to the notice of the learned Government Pleader, he has submitted that the first respondent will consider the petitioner's application once it is re-presented in the light of the ratio laid down by this Court in W.P.(C)No.18118/2015. 7. The learned Standing Counsel for the third respondent Corporation has submitted that the term of the present Council is soon coming to an end and that, since the issuance of a No-Objection Certificate is a matter of policy, it has to be considered by the next Council to be elected. 8. Heard the learned counsel for the petitioner and the learned Standing Counsel for the third respondent Corporation, as well as the learned Government Pleader, apart from perusing .....

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..... he petitioner's application as soon as it is represented for the purpose of granting an FL-3 licence. It is, thus, declared that the petitioner has the 'No-Objection Certificate', as the third respondent  has failed to consider the petitioner's application within thirty days. 13. Needless to observe that the first respondent shall consider the petitioner's application as expeditiously as possible, at any rate, within one month from the date of its re-presentation and pass appropriate orders thereon as regards granting FL-3 licence, subject, of course, to the petitioner's fulfilling all other statutory formalities. With the above observations, the writ petition stands disposed of . No order as to costs.
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