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2015 (10) TMI 2278 - KERALA HIGH COURT

2015 (10) TMI 2278 - KERALA HIGH COURT - TMI - Cancellation of FL-3 License - Abkari Policy - Held that:- In the facts and circumstances, essentially going by the ratio laid down by this Court in [2015 (10) TMI 2146 - KERALA HIGH COURT], I declare that the petitioner, for all practical purposes, is deemed to have had a 'No-objection Certificate' from the third respondent. Once this legal fiction is treated as a fact, all the consequences that flow in its wake shall enure to the benefit of the ap .....

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esentation and pass appropriate orders thereon as regards granting FL-3 licence, subject, of course, to the petitioner's fulfilling all other statutory formalities. - Petition disposed of. - WP (C). No. 29058 of 2015 - Dated:- 5-10-2015 - The Honourable Mr. Justice Dama Seshadri Naidu, J. For the Petitioner : Sri. P. Ramakrishnan For the Respondent : Sri. K. P. Vijayan JUDGMENT The petitioner, a three-star hotel by classification, initially had an FL-3 licence for the sale of liquor on its premi .....

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nt, 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 that the .....

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in the statutorily stipulated time, it is deemed that No-Objection Certificate has already been granted. 5. The learned counsel has, nevertheless, contended that it is well established that in terms of Section 447 (6) of the Kerala Municipality Act, it shall be deemed that the petitioner has the No-Objection Certificate from the third respondent Corporation. According to him, in the face of such deemed declaration, the first respondent ought to consider the petitioner's application for an FL .....

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)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 .....

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