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TMI Blog2015 (10) TMI 2278X X X X Extracts X X X X X X X X Extracts X X X X ..... dent to consider the 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. - 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. - Petition disposed of. X X X X Extracts X X X X X X X X Extracts X X X X ..... cate from the third respondent is unsustainable; and, even otherwise, since the third respondent has not considered the petitioner's application within 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-3 licence. In support of his submissions, the learned counsel has placed reliance on the judgem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on the part of the learned counsel for the third respondent Corporation cannot be countenanced. Though it may be a policy decision, as has been sought to be canvassed by the learned counsel; the Council, which is still at the helm of the affairs, has all the powers to take a decision in that regard. Just because its tenure may come to an end shortly, the Council has not had its power diminished. It ought to have taken a decision within the statutorily stipulated time. 11. In the light of the fact that the writ petition can be disposed on the principle of deeming provision, any discussion on the alternative issue whether Exhibit P9 is sustainable has been obviated. 12. In the facts and circumstances, essentially going by the ratio laid d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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