Dismissed

K.S.Thomas v. State of Kerala

Kerala HC22 Oct 2020WP(C)/6064/2016

Case brief

AI extract

What is this about?

Traders in the Government-established Agricultural Urban Wholesale Market at Maradu challenged the Municipality's demand for a licence under Section 447 of the Kerala Municipality Act, 1994, claiming exemption under Section 442. The court held their business is private and not under Government control, so a municipal licence is required, and dismissed the petitions.

What did the court decide?

Liberty granted to apply for the municipal licence within three weeks; applications to be considered within two weeks; no coercive steps in the meanwhile.

K.S.Thomas Vs State of Kerala — Municipal and Town Planning | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

¶5

WP(C).No.35193 OF 2016(Y)

¶6

PETITIONERS:

¶7

1 V.F.PIOUS

¶8

AGED 56 YEARS, S/O. LATE V.C.FRANCIS, 6/588, 589, BAZAR ROAD, MATTANCHERY, KOCHI - 682 002.

¶9

2 K.A.JOHNY AGED 69 YEARS, S/O. K.P.ANTONY,KOONAMPILAV HOUSE, KARUVELIPPADY,KOCHI - 682 005.

¶10

3 ARAVIND SAKKER CHAND, AGED 63 YEARS, S/O. SAKKER CHAND DESAI, RESIDING AT VI 2191, MATTANCHERY,GUJARATH ROAD, KOCHI - 682 002.

¶11

4 MARY PIOUS

¶12

AGED 47 YEARS, W/O. V.F.PIOUS, VAKAYIL HOUSE, 45/656 B, VADUTHALA, ERNAKULAM - 682 023.

¶13

5 K.H.NIZAMUDHEEN MUBARAK MANZIL, NETTOOR P.O.,MARADU, PIN - 682 304.

¶14

6 P.S.MUHAMMEDALI AGED 50 YEARS, S/O. SAIDU MUHAMMED,PULIKKAL HOUSE, P.H ROAD, ERNAKULAM - 682 018.

¶15

BY ADVS. SRI.ASHIK K.MOHAMMED ALI SMT.BINCY JOSE SMT.SAJNA T.UMMER

¶16

RESPONDENTS:

¶17

1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

¶18

2 DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM,PIN - 695 033.

¶19

3 THE DIRECTOR OF AGRICULTURE (MARKETING), DIRECTORATE OF AGRICULTURE,VIKAS BHAVAN, THIRUVANANTHAPURAM,PIN - 695 033.

¶20

4 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD,ERNAKULAM - 682 030.

¶21

5 THE SECRETARY AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, ERNAKULAM - 682 040.

¶22

6 THE MARADU MUNICIPALITY MARADU, ERNAKULAM - 682 040, REPRESENTED BY ITS SECRETARY.

¶23

R1 TO R5 BY SRI. M. R. DHANIL, GOVERNMENT PLEADER

¶24

R6 BY ADV. SRI.T.R.RAJAN SC,MARADU MUNICIPALITY

¶25

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2020, ALONG WITH WP(C).31379/2014(V), WP(C).6064/2016(G), WP(C).36042/2016(E), WP(C).36693/2016(J), THE COURT ON 22.10.2020 DELIVERED THE FOLLOWING:

¶26

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

¶28

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶29

THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

¶30

WP(C).No.31379 OF 2014

¶31

PETITIONERS:

¶32

1 MUHAMMED SAFEED

¶33

AGED 40 YEARS S/O.P.B.IBRAHIM, 43/2513, PALACKAL HOUSE, SRM ROAD, KOCHI.

¶34

2 K.K.SAJI AGED 38 YEARS KALIPARAMBIL HOUSE, KADUTHURUTHY (P.O.), PTC JUNCTION, KOTTAYAM.

¶35

BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

¶36

RESPONDENTS:

¶37

1 THE SECRETARY TO GOVERNMENT AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695033.

¶38

2 AGRICULTURE (PPM CELL) DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY.

¶39

3 THE DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033.

¶40

4 THE SECRETARY AGRICULTURAL URBAN WHOLE SALE MARKET, MARADU, ERNAKULAM-682040.

¶41

5 THE MARADU MUNICIPALITY REPRESENTED BY ITS SECRETARY, MARADU, ERNAKULAM682040.

¶42

6 THE SECRETARY MARADU MUNICIPALITY, ERNAKULAM-682040.

¶43

R1 TO R4 BY SRI. M.R DHANIL, GOVERNMENT PLEADER R5 & R6 BY ADV. SRI.T.R.RAJAN SC,MARADU MUNICIPALITY

¶44

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, ALONG WITH WP(C).6064/2016(G), WP(C).35193/2016(Y), WP(C).36042/2016(E), WP(C).36693/2016(J), THE COURT ON 22.10.2020 DELIVERED THE FOLLOWING:

¶45

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶46

PRESENT

¶47

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶48

THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942 WP(C).No.6064 OF 2016

¶49

PETITIONERS:

¶50

1 K.S.THOMAS

¶51

AGED 61 YEARS, S/O. K.O.DEVASY, KOLATHUKUDY, MANJAPRA P.O., ANGAMALY - 683 581.

¶52

2 S.A.IQBAL AGED 32 YEARS S/O.ABDUL KAREEM 'SARAB', VADUTHALA JETTY P.O., AROOKUTTY, CHERTHALA, ALAPPUZHA - 688 535.

¶53

3 ABDUL SAMAD AGED 45 YEARS S/O.ABDULLA P.A. PADINJARE KANATHARA, THRICHATTUKULAM P.O., CHERTHALA, ALAPPUZHA - 688 524.

¶54

4 LATHEENA AGED 28 YEARS W/O.ALI, 21/74, MEENKUVILLA, THATTEKKATTU ROAD, NETTOOR P.O., ERNAKULAM - 682 040.

¶55

BY ADVS. SRI.ASHIK K.MOHAMMED ALI SMT.SAJNA T.UMMER

¶56

RESPONDENTS:

¶57

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶58

2 DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

¶59

3 THE DIRECTOR OF AGRICULTURE (MARKETING), DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

¶60

4 THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD ERNAKULAM - 682 030.

¶61

5 THE SECRETARY, AGRICULTURE URBAN WHOLESALE MARKET, MARADU, ERNAKULAM - 682 040.

¶62

6 THE MARADU MUNICIPALITY, MARADU, ERNAKULAM - 682 040 REPRESENTED BY ITS SECRETARY.

¶63

R1 TO R5 BY SRI. S. GOPINATHAN, SR. GOVERNMENT PLEADER

¶64

R6 BY ADV. SRI.T.R.RAJAN SC,MARADU MUNICIPALITY

¶65

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, ALONG WITH WP(C).31379/2014(V), WP(C).35193/2016(Y), WP(C).36042/2016(E), WP(C).36693/2016(J), THE COURT ON 22.10.2020 DELIVERED THE FOLLOWING:

¶66

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶67

PRESENT

¶68

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶69

THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

¶70

WP(C).No.36042 OF 2016

¶71

PETITIONERS:

¶72

1 HASEENA M.K AGED 30 YEARS, W/O ABDUL WAHAB,AKATHOOTTA PARAMBIL HOUSE, ELOOR NORTH, ERNAKULAM- 683 501

¶73

2 NANDINI RAMAKRISHNAN W/O RAMAKRISHNAN, LAKSHMI NIVAS, VENNALA P.O., CHALICKAVATTOM, ERNAKULAM- 682 028

¶74

3 SIBI N.JOSEPH S/O JOSEPH, NIRAPEL HOUSE, VADUVANCHAL, WAYANAD, PIN- 673 581

¶75

4 S.M.MUHAYUDHEEN S/O K.M.MAKKAR, KMM HOUSE, AROOKUTTY P.O. CHERTHALA TALUK, ALAPPUZHA DISTRICT

¶76

5 P.J.JAISON S/O P.C.JOHN, PULICKAL HOUSE, CHETHIMATTOM, PALA, KOTTAYAM- 686 575

¶77

6 C.A BASHEER THARAMATTATHIL HOUSE, PINARMUNDA P.O., PERINGALA, PIN - 683 565

¶78

7 M.P.HANEEFA UZHUNNELIL HOUSE, VAZHAKKALA, KOCHI- 682 021

¶79

BY ADVS. SRI.ASHIK K.MOHAMED ALI SMT.BINCY JOSE SMT.SAJNA T.UMMER

¶80

RESPONDENTS:

¶81

1 STATE OF KERALA REPRESENTED BY THE PRINCIAPL SECRETARY, AGRICTULURE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM- 695 001

¶82

2 DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM- 695 033

¶83

3 THE DIRECTOR OF AGRICTULURE (MARKETING) DIRECTORATE OF AGRICUTLURE, VIKAS BHAVAN, THIRUVANANTHAPURAM- 695 033

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4 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM- 682 030

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5 THE SECRETARY AGRICUTLURAL URBAN WHOLESALE MARKET, MARADU, ERNAKULAM- 682 040

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6 THE MARADU MUNICIPALITY MARADU, ERNAKULAM – 682 040 REPRESENTED BY ITS SECRETARY

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R1 TO R5 BY SRI. S.GOPINATHAN, SR. GOVERNMENT PLEADER

¶88

R6 BY ADV. SRI.T.R.RAJAN SC,MARADU MUNICIPALITY

¶89

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, ALONG WITH WP(C).31379/2014(V), WP(C).6064/2016(G), WP(C).35193/2016(Y), WP(C).36693/2016(J), THE COURT ON 22.10.2020 DELIVERED THE FOLLOWING:

¶90

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶91

PRESENT

¶92

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶93

THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942 WP(C).No.36693 OF 2016

¶94

PETITIONERS:

¶95

1 BAVAKUNJU T.P. AGED 39 YEARS, S/O.PAREEDUPILLA, THALOTIL HOUSE, EAST KODUNGALLOOR, U.C.COLLEGE PO, ALUVA 683 102.

¶96

2 K.ASHARAF AGED 57 YEARS, S/O.B.MUHAMMED, H. NO.12/892A, KAPPALANDI MUKKU, KOCHI 682 002.

¶97

3 SANU E.D AGED 41 YEARS, S/O.DHIVAKARAN, KARTHIKA NIVAS, EROOR, THRIPUNITHURA, ERNAKULAM 682 306.

¶98

4 P.A.SHAHUL HAMEED AGED 47 YEARS S/O.P.K.ALI, H. NO.7/1133 A, M.A.ROAD, KAPPALANDIMUKKU, KOCHI 682 002.

¶99

5 SHEEJA SANU AGED 38 YEARS, W/O.SANU, KARTHIKA NIVAS, BRAMAKKATTU HOUSE, EROOR WEST, THRIPUNITHURA, ERNAKULAM - 682 306.

¶100

6 SHIHAB M.A AGED 38 YEARS, S/O.M.M.ABDUL RASHEED, MAROTTICKAL HOUSE, EDAPPALLY NORTH , ERNAKULAM 682 024.

¶101

7 P.SAJEEV AGED 28 YEARS, S/O.P.V.PRABHAKARAN, MELOTH HOUSE, VENNALA PO, ERNAKULAM 682 028.

¶102

8 MILTON THOMAS, AGED 40 YEARS S/O.THOMAS, KOOTANKULANGARD HOUSE, KIDANGOOR PO, ANGAMALI - 683 572.

¶103

9 V.V.BABYCHAN AGED 35 YEARS, S/O.VARGHESE, VAREKULAM HOUSE, CHENGAL PO, KALADY, ERNAKULAM 683 574.

¶104

10 BINOY K.Y AGED 35 YEARS, S/O YACOB, KOORAN HOUSE, YORDHANAPURAM PO, KALADY, ERNAKULAM - 683 574.

¶105

11 V.P.THANKACHAN AGED 55 YEARS, S/O PAPPACHAN VAREKKULAM HOUSE, CHENGAL, KALADY PO, ERNAKULAM - 683 574.

¶106

12 AJEEB P.M AGED 45 YEARS, S/O.MEETHIYEN, PENA VEETTIL, PANANGADU, ERNAKULAM 682 506.

¶107

13 C.P.MUHAMMED AGED 50 YEARS S/O.PAREED, CHETTUTHARA HOUSE, AROOR.

¶108

14 HAMEED.B

¶109

AGED 56 YEARS, S/O.MUHAMMED, AYSHAS, KABMLIPARAMB, MANKAVU, KOZHIKODE 673 007.

¶110

15 K.H.NIZAMUDHEEN AGED 47 YEARS, S/O.HAMSATH, MUBARAK MANZIL, NETTOOR PO, MARADU, ERNAKULAM 682 304.

¶111

16 SHEREENA ANWAR AGED 46 YEARS, S/O.ANWAR HUSSAIN, RAHATH HOUSE, THRIKKOVIL ROAD, VENNALA, ERNAKULAM - 682 028.

¶112

BY ADVS. SRI.ASHIK K.MOHAMED ALI SMT.BINCY JOSE SMT.SAJNA T.UMMER

¶113

RESPONDENTS:

¶114

1 STATE OF KERALA REPRESETNED BY THE PRINCIPAL SECRETARY, AGRICULTURE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶115

2 DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRCULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

¶116

3 THE DIRECTOR OF AGRICULTURE (MARKETING) DIRECTORATE OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033.

¶117

4 THE DISTRICT COLLECTOR COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.

¶118

5 THE AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, ERNAKULAM - 682 040, REPRESENTED BY ITS SECRETARY.

¶119

6 THE MARADU MUNICIPALITY, MARADU ERNAKULAM 682 040, REPRESENTED BY ITS SECRETARY.

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R1 TO R5 BY SRI. M.R.DHANIL, GOVERNMENT PLEADER R6 BY ADV. SRI.T.R.RAJAN SC,MARADU MUNICIPALITY

¶121

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, ALONG WITH WP(C).31379/2014(V), WP(C).6064/2016(G), WP(C).35193/2016(Y), WP(C).36042/2016(E), THE COURT ON 22.10.2020 DELIVERED THE FOLLOWING:

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=========================== W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016 ===========================

¶123

J U D G M E N T

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Dated this the 22^nd day of October, 2020

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These bunch of writ petitions are filed by traders who are operating businesses in the agricultural market established by the Government of Kerala at Maradu. They challenge the decision of the Maradu Municipality insisting on taking out licence from the Municipality under Section 447 of the Kerala Municipality Act, 1994.

¶126

The short issue in these cases is whether the

¶127

traders in the agricultural market established by the Government required to have licence under Section 447 of the Kerala Municipality Act. The Government of Kerala, by an order, G.O.(Ms).No.117/99/AD, dated 17.4.1999, decided to establish agricultural markets, at different places under the project called, “Kerala Agricultural Markets Project”. The decision was so taken in the light of the agreement

¶128

W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016

¶129

-:2:-

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executed between the Government of India with the European Union, for financial assistance. Annexure-II to the above government order refers to Market Rules and Regulations. It is appropriate to refer the relevant Rules and Regulations

¶131

in the Government Order.

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The market Authority shall have the power to decide about the market users who shall be admitted to the market as also market days and hours. The market hours as prescribed by the Market Authority for receipt of the supplies, for wholesale transactions and cleaning of the market shall be strictly observed.

¶133

The Market Authority shall decide the types of produce to be handled in the market and the physical condition of the produce. Handling or storing unsound or adulterated goods shall be prohibited. 28. The market Authority shall have powers to prescribe procedures for trading, especially as regards the method of sale, handling, market charges, weighment, payment to the seller, grading, packing etc. 30. The traders and agents shall pay to the Market Authority the market fee as shall be prescribed by the Authority. 31. The Market Authority shall prescribe the licence to be taken by different categories of market users for operation in the market and also prescribe the fee payable for the grant of such a licence and its renewal. No person who is required to take a licence, shall operate in the market without a valid licence.

¶134

Application for licence shall be made to the Market Authority in writing in the prescribed form with the prescribed fee and the Authority has the right to grant or reject the application for valid reasons. The Authority shall also have powers to suspend or cancel a

¶135

W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016

¶136

-:3:-

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licence already granted for reasons as may be prescribed by the authority.

¶138

In the light of the above Rules and Regulations, the petitioners would submit that their activities are exempted under Section 442 of the Kerala Municipality Act, 1994. Section 442 reads thus:

¶139

Exemption of Government from taking out licence.— Nothing in this Chapter shall be construed to require the State Government or the Central Government to take out a licence in respect of any place in the occupation or under the control of or any property belonging to such Government.

¶140

In the counter affidavit filed by the Agricultural Department of the Government in W.P.(C).No.31379/2014, at para.4 it is contended as follows:

¶141

The G.O.(MS).No. 117/99/AD dated 17/4/99 do not mention anything about the powers of the local body. As per the G.O., the sole authority for the issue of licence for trading of Agricultural produces is market authority. So, the market is a special entity which is created for the purpose of regulating the trading of agricultural produces in the area. This is a special project created under the Agricultural Department with the financial assistance of the European Union functioning as per the rules and regulations formulated by the Government. The stalls in the Market Complex are issued licence as per clause 31 of Annexure 2 of Ext.P1 and since they are functioning as per the license issued by the Market authority, there is no necessity for them to apply for and obtain the license under the Municipalities Act

¶142

W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016

¶143

-:4:-

¶144

or Panchayat Raj Act or other special enactments. In these circumstances, the contentions raised by the Municipality that the petitioners and other traders should obtain licence from the Municipality for carrying out business in the premises of the Agricultural Urban Wholesale market is unsustainable.

¶145

However, in the counter affidavit filed in W.P. (C).No.6064/2016, the Government took a different stand. Therein, at para.4, it is stated as follows:

¶146

It is submitted that the petitioners are granted license by the 5^th respondent for selling Vegetables Spices food products etc. The petitioners are running business in Agricultural urban wholesale market Maradu for the last 5 years. They had been issued notice by the local self Government namely Maradu Municipality to obtain license from them for conducting business. As per order No. GO(MS) 117/99/AD dated 17.04.1999 the traders are required to take license from the market authority for conducting business in the market. The license fee is fixed by the market authority. It is a fact that the market is situated in Maradu Municipality. Nothing is mentioned in this order regarding the exemption of private traders operating in the market, from taking licenses from the concerned Local Self Government Department.

¶147

In the wake of the contrary stand taken by the

¶148

Government, it is appropriate to decide the matter with reference to the statutory provisions and the government order. Section 442 steaks about the exemption in respect of

¶149

W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016

¶150

-:5:-

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an activity under the control of the Government. The 'control' in this context has to be understood as an

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activity in which the Government itself has control. It does not mean that, any activity regulated by the Government would also fall within the meaning of activity under the 'control' of the Government. The Government regulates market, but the business conducted in the market does not belong to the Government.

¶153

The licence given under the government order is to occupy the market, but for the licence the occupation of the market would have been illegal. The licence issued by the market authority under the government order is for operation in the market as an occupant. The market fee collected is for the occupation of the market. The business conducted is a private business of the traders over which the Government has no control. The business exclusively belongs to the traders. Therefore, the traders are bound to take licence. Accordingly, I find no merit in these writ petitions. These writ petitions are dismissed. However, the petitioners are

¶154

W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016

¶155

given liberty to apply for the licence within three weeks. If such applications are filed, it shall be considered within a further period of two weeks. No coercive steps shall be taken in the meanwhile. No costs.

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Sd/-

¶157

A. MUHAMED MUSTAQUE JUDGE

¶158

¶159

APPENDIX OF WP(C) 35193/2016

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PETITIONERS' EXHIBITS:

¶161

EXIBIT P1	TRUE COPY 17.4.1999.	OF THE	GO(MS) NO. 117/99/AD DATED
EXIBIT P2	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 1ST
EXIBIT P3	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 2ND
EXIBIT P4	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 3RD
EXIBIT P5	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 4TH
EXIBIT P6	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 5TH
EXIBIT P7	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 6TH
EXIBIT P8	TRUE COPY ISSUED TO	OF THE THE 1ST	NOTICE DATED 26.8.2016 PETITIONER.
EXIBIT P9	TRUE COPY ISSUED TO	OF THE THE 2ND	NOTICE DATED 26.8.2016 PETITIONER.
EXIBIT P10	TRUE COPY ISSUED TO	OF THE THE 3RD	NOTICE DATED 27.8.2016 PETITIONER.
EXIBIT P11	TRUE COPY ISSUED TO	OF THE THE 4TH	NOTICE DATED 27.8.2016 PETITIONER.
EXIBIT P12	TRUE COPY ISSUED TO	OF THE THE 5TH	NOTICE DATED 11.11.2015 PETITIONER.
EXIBIT P13	TRUE COPY ISSUED TO	OF THE THE 6TH	NOTICE DATED 27.8.2016 PETITIONER.
EXIBIT P14	TRUE COPY ISSUED BY	OF THE THE 1ST	REPLY DATED 08.9.2016 PETITIONER.
EXIBIT P15	TRUE COPY ISSUED BY	OF THE THE 2ND	REPLY DATED 08.9.2016 PETITIONER.

¶162

EXIBIT P16 TRUE COPY OF THE REPLY DATED 08.9.2016 ISSUED BY THE 3RD PETITIONER. EXIBIT P17 TRUE COPY OF THE REPLY DATED 08.9.2016 ISSUED BY THE 4TH PETITIONER. EXIBIT P18 TRUE COPY OF THE REPLY DATED 20.11.2015 ISSUED BY THE 5TH PETITIONER. EXIBIT P19 TRUE COPY OF THE REPLY DATED 08.9.2016 ISSUED BY THE 6TH PETITIONER.

¶163

EXIBIT P20 TRUE COPY OF THE INTERIM ORDER DATED 08.9.2016 OF THIS HONOURABLE COURT IN WPC NO. 6064/2016.

¶164

RESPONDENTS' EXHIBITS:

¶165

EXHIBIT R(6)(a) TRUE COPY OF THE COMMUNICATION DATED 17/03/2015 OF THE 6TH RESPONDENT TO THE FIFTH RESPONDENT EXHIBIT R(6)(b) TRUE COPY OF THE REPLY DATED 16/04/2015 OF THE 5TH RESPONDENT TO THE 6TH RESPONDENT EXHIBIT R(6)(c) TRUE COPY OF THE COMMUNICATION DATED 1/9/2015 OF THE 4TH RESPONDENT TO THE 6TH RESPONDENT. EXHIBIT R(6)(d) TRUE COPY OF THE COMMUNICATION DATED 16/10/2015 OF THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT EXHIBIT R(6)(e) TRUE COPY OF THE COMMUNCIATION DATED 1/10/2015 OF THE SIXTH RESPONDENT TO THE FIFTH RESPONDENT EXHIBIT R(6)(f) TRUE COPY OF THE COMMUNCATION DATED 5/10/2015 OF THE SIXTH RESPONDENT TO THE FIFTH RESPONDENT ANNEXURE R5(a) TRUE COPY OF LETTER ISSUED BY GOVERNMENT NO.1656/WTO/15/AD DATED 28.10.2015.

¶166

APPENDIX OF WP(C) 31379/2014

¶167

PETITIONERS' EXHIBITS:

¶168

EXHIBIT P1	TRUE COPY OF THE G.O.(M.S) NO.117/99 AD DATED 17/4/1999, THIRUVANANTHAPURAM.
EXHIBIT P2	TRUE COPY FO THE LICENCE DATED 22/9/2014 WHICH IS VALID UPTO 30/6/2015.
EXHIBIT P3	TRUE COPY FO THE NOTICE DATED 17/11/2014 ISSUED BY THE 6TH RESPONDENT TO THE FIRST PETITIONER.
EXHIBIT P4	TRUE COPY OF THE OBJECTION SUBMITTED BY THE FIRST PETITIONER.
EXHIBIT P5	TRUE COPY OF THE LICENCE DATED 25/4/2014 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE NOTICE DATED 11/11/2014 ISSUED BY THE 6TH RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT P7	TRUE COPY OF THE OBJECTION PREFERRED BY THE 2ND PETITIONER BEFORE THE 6TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE CIRCULAR DATED 3/8/2011 ISSUED BY THE THIRD RESPONDENT.

¶169

RESPONDENTS' EXHIBITS:

¶170

EXHIBIT R(6)(a)	TRUE COPY OF THE COMMUNICATION DATED 17/03/2015 OF THE 6TH RESPONDENT TO THE FOURTH RESPONDENT
EXHIBIT R(6)(b)	TRUE COPY OF THE REPLY DATED 16/04/2015 OF THE FOURTH RESPONDENT TO THE 6TH RESPONDENT
EXHIBIT R(6)(c)	TRUE COPY OF THE COMMUNICATION DATED 1/9/2015 OF THE DISTRICT COLLECTOR, ERNAKULAM TO THE 6TH RESPONDENT.
EXHIBIT R(6)(d)	TRUE COPY OF THE COMMUNICATION DATED 16/10/2015 OF THE SIXTH RESPONDENT TO THE DISTRICT COLLECTOR, ERNAKULAM

¶171

EXHIBIT R(6)(e) TRUE COPY OF THE COMMUNCIATION DATED 1/10/2015 OF THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT

¶172

EXHIBIT R(6)(f) TRUE COPY OF THE COMMUNCATION DATED 5/10/2015 OF THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT

¶173

APPENDIX OF WP(C) 6064/2016

¶174

PETITIONERS' EXHIBITS:

¶175

EXHIBIT P1	TRUE COPY 17.4.1999.	OF THE	GO(MS) NO. 117/99/AD DT.
EXHIBIT P2	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 1ST
EXHIBIT P3	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 2ND
EXHIBIT P4	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 3RD
EXHIBIT P5	TRUE COPY PETITIONER	OF THE .	LICENSE ISSUED TO THE 4TH
EXHIBIT P6	TRUE COPY ISSUED TO	OF THE THE 1ST	NOTICE DATED 11.11.2015 PETITIONER.
EXHIBIT P7	TRUE COPY ISSUED TO	OF THE THE 2ND	NOTICE DATED 11.11.2015 PETITIONER.
EXHIBIT P8	TRUE COPY ISSUED TO	OF THE THE 3RD	NOTICE DATED 11.11.2015 PETITIONER.
EXHIBIT P9	TRUE COPY ISSUED TO	OF THE THE 4TH	NOTICE DATED 11.11.2015 PETITIONER.
EXHIBIT P10	TRUE COPY ISSUED BY	OF THE THE 1ST	REPLY DATED 20.11.2015 PETITIONER.
EXHIBIT P11	TRUE COPY ISSUED BY	OF THE THE 2ND	REPLY DATED 20.11.2015 PETITIONER.
EXHIBIT P12	TRUE COPY ISSUED BY	OF THE THE 3RD	REPLY DATED 20.11.2015 PETITIONER.
EXHIBIT P13	TRUE COPY ISSUED BY	OF THE THE 4TH	REPLY DATED 20.11.2015 PETITIONER.

¶176

RESPONDENTS' EXHIBITS:

¶177

EXHIBIT R(6)(a) TRUE COPY OF THE COMMUNICATION DATED 17/03/2015 OF THE 6TH RESPONDENT TO THE FIFTH RESPONDENT

¶178

EXHIBIT R(6)(b) TRUE COPY OF THE REPLY DATED 16/04/2015 OF THE FIFTH RESPONDENT TO THE 6TH RESPONDENT

¶179

EXHIBIT R(6)(c) TRUE COPY OF THE COMMUNICATION DATED 1/9/2015 OF THE 4TH RESPONDENT TO THE 6TH RESPONDENT

¶180

EXHIBIT R(6)(d) TRUE COPY OF THE COMMUNICATION DATED 16/10/2015 OF THE SIXTH RESPONDENT TO THE FOURTH RESPONDENT EXHIBIT R(6)(e) TRUE COPY OF THE COMMUNCIATION DATED 1/10/2015 OF THE SIXTH RESPONDENT TO THE FIFTH RESPONDENT EXHIBIT R(6)(f) TRUE COPY OF THE COMMUNCATION DATED 5/10/2015 OF THE SIXTH RESPONDENT TO THE FIFTH RESPONDENT

¶181

APPENDIX OF WP(C) 36042/2016

¶182

PETITIONERS' EXHIBITS:

¶183

EXHIBIT P1 TRUE COPY OF THE G.O(MS)NO.117/99/AD DATED 17-4-1999 EXHIBIT P2 TRUE COPY OF THE LICENSE ISSUED TO THE 1ST PETITIONER EXIBIT P3 TRUE COPY OF THE LICENSE ISSUED TO THE 2ND PETITIONER EXHIBIT P4 TRUE COPY OF THE LICENSE ISSUED TO THE 3RD PETITIONER EXHIBIT P5 TRUE COPY OF THE LICENSE ISSUED TO THE 4TH PETITIONER EXHIBIT P6 TRUE COPY OF THE LICENSE ISSUED TO THE 5TH PETITIONER EXHIBIT P7 TRUE COPY OF THE LICENSE ISSUED TO THE 6TH PETITIONER EXHIBIT P8 TRUE COPY OF THE LICENSE ISSUED TO THE 7TH PETITIONER EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 26-8-2016 ISSUED TO THE 1ST PETITIONER EXHIBITP 10 TRUE COPY OF THE NOTICE DATED 27-8-2016 ISSUED TO THE 2ND PETITIONER EXHIBITP 11 TRUE COPY OF THE NOTICE DATED 27-8-2016 ISSUED TO THE 3RD PETITIONER EXHIBITP 12 TRUE COPY OF THE NOTICE DATED 26-8-2016 ISSUED TO THE 4TH PETITIONER EXHIBITP 13 TRUE COPY OF THE NOTICE DATED 27-8-2016 ISSUED TO THE 5TH PETITIONER EXHIBITP 14 TRUE COPY OF THE NOTICE DATED 11-11-2015 ISSUED TO THE 6TH PETITIONER EXHIBITP 15 TRUE COPY OF THE NOTICE DATED 11-11-2015 ISSUED TO THE 7TH PETITIONER

¶184

EXHIBITP 16	TRUE COPY OF ISSUED BY THE	THE 1ST	REPLY DATED 8-9-2016 PETITIONER
EXHIBITP 17	TRUE COPY OF ISSUED BY THE	THE 2ND	REPLY DATED 8-9-2016 PETITIONER
EXHIBITP 18	TRUE COPY OF ISSUED BY THE	THE 3RD	REPLY DATED 8-9-2016 PETITIONER
EXHIBITP 19	TRUE COPY OF ISSUED BY THE	THE 4TH	REPLY DATED 8-9-2016 PETITIONER
EXHIBIT P20	TRUE COPY OF ISSUED BY THE	THE 5TH	REPLY DATED 8-9-2016 PETITIONER
EXHIBT P21	TRUE COPY OF ISSUED BY THE	THE 6TH	REPLY DATED 8-9-2016 PETITIONER
EXHIBIT P22	TRUE COPY OF ISSUED BY THE	THE 7TH	REPLY DATED 20-11-2015 PETITIONER
EXHIBIT P23	TRUE COPY OF 2016 OF THIS NO.6064 OF 20	THE HONO 16	INTEIRM ORDER DATED 8-9- URABLE COURT IN WPC

¶185

APPENDIX OF WP(C) 36693/2016

¶186

PETITION	ER S'	EXHIBITS:
EXHIBIT	P1	TRUE COPY OF THE 17.4.1999	GO(MS) NO.117/99/AD DATD
EXHIBIT	P2	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 1ST
EXHIBIT	P3	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 2ND
EXHIBIT	P4	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 3RD
EXHIBIT	P5	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 4TH
EXHIBIT	P6	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 5TH
EXHIBIT	P7	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 6TH
EXHIBIT	P8	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 7TH
EXHIBIT	P9	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 8TH
EXHIBIT	P10	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 9TH
EXHIBIT	P11	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 10TH
EXHIBIT	P12	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 11TH
EXHIBIT	P13	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 12TH
EXHIBIT	P14	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 13TH
EXHIBIT	P15	TRUE COPY OF THE PETITIONER	LICENSE ISSUED TO THE 14TH

¶187

EXHIBIT P16	TRUE COPY PETITIONER	OF THE LICENSE ISSUED TO THE 15TH
EXHIBIT P17	TRUE COPY PETITIONER	OF THE LICENSE ISSUED TO THE 16TH
EXHIBIT P18	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 1ST PETITIONER
EXHIBIT P19	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 2ND PETITIONER
EXHIBIT P20	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 3RD PETITIONER
EXHIBITP21	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 4TH PETITIONER
EXHIBIT P22	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 5TH PETITIONER
EXHIBIT P23	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 6TH PETITIONER
EXHIBIT P24	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 7TH PETITIONER
EXHIBIT P25	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 8TH PETITIONER
EXHIBIT P26	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 9TH PETITIONER
EXHIBIT P27	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 10TH PETITIONER
EXHIBIT P28	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 11TH PETITIONER
EXHIBIT P29	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 12TH PETITIONER
EXHIBIT P30	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 13TH PETITIONER
EXHIBIT P31	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 14TH PETITIONER
EXHIBIT P32	TRUE COPY ISSUED TO	OF THE NOTICE DATED 26.8.2016 THE 15TH PETITIONER

¶188

EXHIBIT P33	TRUE COPY OF THE NOTICE DATED 26.8.2016 ISSUED TO THE 16TH PETITIONER
EXHIBIT P34	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 1ST PETITIONER
EXHIBIT P35	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 2ND PETITIONER
EXHIBIT P36	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 3RD PETITIONER
EXHIBIT P37	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 4TH PETITIONER
EXHIBIT P38	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 5TH PETITIONER
EXHIBIT P39	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 6TH PETITIONER
EXHIBIT P40	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 7TH PETITIONER
EXHIBIT P41	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 8TH PETITIONER
EXHIBIT P42	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 9TH PETITIONER
EXHIBIT P43	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 10TH PETITIONER
EXHIBIT P44	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 11TH PETITIONER
EXHIBIT P45	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 12TH PETITIONER
EXHIBIT P46	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 13TH PETITIONER
EXHIBIT P47	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 14TH PETITIONER
EXHIBIT P48	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 15TH PETITIONER
EXHIBIT P49	TRUE COPY OF THE REPLY DATED 8.9.2016 ISSUED BY THE 16TH PETITIONER

¶189

EXHIBIT P50

¶190

TRUE COPY OF THE INTERIM ORDER DATED 8.9.2016 OF THIS HONOURABLE COURT IN WPC NO. 6064 OF 2016

K.S.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.S.Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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