Disposed

Kerala Vyapari Vyavasayi Ekopana v. State of Kerala

Kerala HC20 Dec 2021WP(C)/1227/2011

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two writ petitions challenging an increase in food adulteration license fees. The court held that the issues were covered by an earlier judgment (W.P.(C) No. 12727 of 2007) and disposed of these petitions in tune with that precedent.

What did the court decide?

The writ petitions were disposed of in tune with the judgment dated 10.03.2017 in W.P.(C) No. 12727 of 2007.

Kerala Vyapari Vyavasayi Ekopana Vs State of Kerala — Kerala HC (2021) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 20^TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA,

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1943

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WP(C) NO. 1227 OF 2011

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PETITIONER/S:

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1 KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI KOMBANADU UNIT, KOMBANADU P.O.,, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY,, K.G.MOHANAN, S/O.GOVINDAN, AGED 48 YEARS,, KARIMTHAKARAKUNNEL HOUSE, KRARIYEIL, KOMBANADU PO,, ERNAKULAM DIS

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2 K.G.MOHANAN SO.GOVINDAN AGED 48 YEARS, KARIMTHAKARAKUNNEL HOUSE,, KRARIYEIL, KOMBANADU P.O., ERNAKULAM DISTRICT.

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BY ADVS.

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SRI.T.MADHU
SRI.M.N.SREEKUMAR

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3 THE VENGOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, VENGOOR P.O.,, KURUPPAMPADY VIA, ERNAKULAM DISTRICT,, PIN 683546.

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OTHER PRESENT:

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SMT.VIDYA KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2021, ALONG WITH WP(C).35298/2010, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-2-

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W.P.(C). Nos.1227/2011, 35298/2010

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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MONDAY, THE 20TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA,

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WP(C) NO. 35298 OF 2010

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PETITIONER/S:

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1 KURUPPAMPADY MERCHANTS ASSOCIATION A.M.ROAD, KURUPPAMPADY-683545, REPRESENTED BY ITS, GENERAL SECRETARY, JOSE KURIAKOSE, S/O.KURIAKOSE,, AGED 53 YEARS.

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2 JOSE KURIAKOSE SO.KURIAKOSE AGED 53 YEARS, KILIYAYATH HOUSE,, KURUPPAMPADY P.O., ERNAKULAM DISTRICT.

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BY ADVS.

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SRI.T.MADHU
SRI.M.N.SREEKUMAR

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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3 THE RAYAMANGALAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, RAYAMANGALAM P.O.,, KURUPPAMPADY, ERNAKULAM DISTRICT-683545.

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BY ADV SRI.N.K.KARNIS

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-3-

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W.P.(C). Nos.1227/2011, 35298/2010

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OTHER PRESENT:

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SMT.DEEPA NARAYANAN, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.12.2021, ALONG WITH WP(C).1227/2011, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-4-

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W.P.(C). Nos.1227/2011, 35298/2010

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) Nos. 35298 of 2010 & 1227 of 2011

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Dated this the 20^th day of December, 2021

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JUDGMENT

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The above writ petitions are filed alleging that there is exorbitant increase in licence fee for renewal of licence under

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the provisions of Prevention of Food Adulteration Act, 1957.

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When these writ petitions came up for consideration,

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both sides submitted that the issues raised in these writ petitions are covered by judgment dated 10.03.2017 in W.P.(C) No.12727 of 2007. The learned counsel for the petitioners submitted that in paragraph 18 of the about judgment, some benefits are given to the petitioners and the same may be extended to the petitioners also. I think the same can be extended to the petitioners also.

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-5-

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W.P.(C). Nos.1227/2011, 35298/2010

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Therefore, these two writ petitions are disposed of in tune

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with the judgment dated 10.03.2017 in W.P.(C) No.12727 of

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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-6-

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W.P.(C). Nos.1227/2011, 35298/2010

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APPENDIX OF WP(C) 35298/2010

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE KERALA PREVENTION
OF FOOD ADULTERATION RULES 2007.
Exhibit P2A TRUE COPY OF THE GOVERNMENT ORDER
DATED 9.1.2009 AND BEARING NO. G.O.
(MS) NO. 15/2008/ H AND FWD.
Exhibit P3A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE GOVERNMENT DATED
27.7.2009.
Exhibit P4A TRUE COPY OF THE INTERIM ORDER DATED
5.4.2010 IN WPC NO. 11502/2010 ON THE
FILE OF THIS HONBLE COURT.
Exhibit P5A TRUE COPY OF THE COMMUNICATION DATED
23.10.2010 ISSUED BY THE 3RD
RESPONDENT TO K.N. MOHANAN A MEMBER OF
THE IST PETITIONER ASSOCIATION.

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-7-

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W.P.(C). Nos.1227/2011, 35298/2010

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APPENDIX OF WP(C) 1227/2011

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE KERALA PREVENTION
OF FOOD ADULTERATION RULES 2007.
Exhibit P2A TRUE COPY OF THE GOVERNMENT ORDER
DATED 9.1.2009 AND BEARING NO. G.O.
(MS) NO. 15/2008/ H AND FWD.
Exhibit P3A TRUE COPY OF THE COMMUNICATION
ISSUED BY THE GOVERNMENT DATED
27.7.2009.
Exhibit P4A TRUE COPY OF THE INTERIM ORDER DATED
5.4.2010 IN WPC NO. 11502/2010 ON THE
FILE OF THIS HONBLE COURT.
Exhibit P5A TRUE COPY OF THE COMMUNICATION DATED
23.10.2010 ISSUED BY THE 3RD
RESPONDENT TO K.N. MOHANAN A MEMBER OF
THE IST PETITIONER ASSOCIATION.
Exhibit P6A TRUE COPY OF THE ORDER DATED
25.11.2010 IN WPC 35298/2010 ON THE
FILE OF THIS HONBLE COURT.

Kerala Vyapari Vyavasayi Ekopana v. State of Kerala

Case brief

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Kerala Vyapari Vyavasayi Ekopana v. State of Kerala

Case brief

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