The High Court directed the Municipal Corporation authorities to consider the representation by the petitioner regarding discrepancies in the revised licence fee bye-laws for danger and offensive trades under Section 447 of the Municipality Act.
Directed respondents to consider representation and offer personal hearing if sought.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932
WP(C).No. 14306 of 2010(K)
PETITIONER(S): ---------------
VAHAB, AGED 50 YEARS, S/O. ALIKUNJU, KANJIRATHUMMOODU VEEDU, KILIKOLLOOR.P.O, KOLLAM AND ALSO ITS SECRETARY, THE KERALA STATE SMALL INDUSTRIES ASSOCIATION, KOLLAM DISTRICT UNIT.
BY ADV. SRI.P.HARIDAS
RESPONDENT(S):
KOLLAM, REPRESENTED BY ITS SECRETARY.
MUNICIPAL CORPORATION, KOLLAM.
ADV. SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT FOR R2 & 3 SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.14306/2010-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of July, 2010
J U D G M E N T
The petitioner is the Secretary of Kerala State Small Industries Association, Kollam District Unit and he is also the Proprietor of M/s.Kilikolloor Timbers. The main grievance raised in this writ petition is with regard to the bye-law under Section 447 of the Municipality Act for imposition and levy of licence fee for danger and offensive trades. Ext.P1 is the copy of the bye-law dated 15/05/2009. The petitioner contends that there are so many discrepancies in the matter which require review of the entire thing.
W.P.(C). No.14306/2010
-:2:-
Health Standing Committee for examination and to take necessary action.
the grievances raised by the petitioner are considered by the competent authority. The learned counsel for the petitioner submitted that till the consideration of the matter is over, there may be a direction not to impose additional liability on the members of the petitioner's association, which is opposed by the learned counsel for the Corporation. It is upto the competent authority to take a decision after analysing the grievances, if any, to
be rectified. In that view of the matter, the writ petition is disposed of directing the second and third respondents to take appropriate action on the
representation and, if the petitioner or any other office bearers offer themselves for a personal hearing the said opportunity will be given. The decision taken will be communicated also. No costs.
(T.R. Ramachandran Nair, Judge.)
ms
2 issues framed by the court
Whether the Corporation could impose revised licence fees without following the statutory procedure of considering objections.
Whether the petitioner association should be directed to show cause before imposition of additional financial liability.
1 provisions across 1 enactments
Vahab and Kerala State Small Industries Association
State of Kerala
The Municipal Corporation, Kollam
The Council, Municipal Corporation, Kollam
T.R. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
