Petitioner challenged Government Orders simplifying D&O license requirements by dispensing with Sanitation Certificates. Court dismissed the petition as not pressed by the petitioner after counsel withdrew the attempt to press the matter.
Petitioner not at liberty to approach the Court again with the same cause of action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 16037 OF 2021
PETITIONER/S:
ANIL CHANDRAN R., AGED 52 YEARS
S/O. (LATE) RAMACHANDRAN, FLAT NO.26, JM GARDENS,
PALLIKAVU TEMPLE ROAD, VADUTHALA, COCHIN - 682023,
ERNAKULAM, PH - 9895016414.
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH
SIDHARTH SUDHEER
GOURI BALAGOPAL
SREELAKSHMI
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.2THE SECRETARY
LOCAL SELF GOVERNMENT DEPARTMENT (LSGD),
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.4 THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICES, PALAYAM, THIRUVANANTHAPURAM - 695 035. R BY SMT.KR.DEEPA, SPECIAL GOVERNMENT PLEADER BY ADV ADVOCATE GENERAL OFFICE KERALATHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)NO.16037OF2021
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JUDGMENT
S. MANIKUMAR, C.J.
The petitioner has sought for the following reliefs:
(i) Issue a writ of certiorari calling for the records leading to Exhibits P4 & P5 and quash the same;
(ii) Issue a writ of mandamus or any other writ, direction or order, directing the respondents not to allow any establishments, factories Hotels etc to operate without obtaining Sanitary Fitness Certificate as provided in Ext.P3 and Section 21 of the Kerala Public Health Ordinance, 2021;
(iii) Declare that Exts.P4 and P5 allowing the Local Self Government to grant D & O license to any trade on production of just ID proof and lease deed/legal occupancy certificate is illegal, unfair, arbitrary, unreasonable, unconstitutional and the same is violative of Article 14 and 21 of the Constitution of India;
WP(C)NO.16037OF2021
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establishments, factories, hotels ect., to operate without obtaining Sanitary Fitness Certificates as provided in Ext.P3 and Section 21 of the Kerala Public Health Ordinance, 2021 as also to stay the operation of Ext.P4 Government Order and Ext.P5 Circular, which simplifies the existing procedure for providing D& O licence for conducive and fast-track environment for starting business enterprises.
GOVERNMENT OF KERALA ABSTRACT
Local Self Government Department- Ease of Doing Business – Reforming and simplifying the existing procedures for providing conducive and fast-track environment for starting business entrprises-D & O license-Orders issued.
==========================================
LOCAL SELF GOVERNMENT (RC) DEPARTMENT
G.O(RT) No. 3361/2017/LSGD Dated. Thiruvananthapuram. 23/10/2017 ================================================= Read: D.O letter dt. 14 08/2017 from Sri Paul Antony, Additional Chief Secretary to Government. Industries and Power Department.
WP(C)NO.16037OF2021
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ORDER
The Department of Industrial Policy and Promotion (DIPP), Govt. of India has laid emphasis on simplification and rationalization of the existing Rules and inclusion of Information Technology for Ease of Doing Business. Accordingly, the Industries Department has identified and recommended certain reforms required for making favourable and conducive atmosphere for starting new business enterprises.
The Industries Department in the letter read above has recommended to reduce the number of documents required for obtaining trade license (D & O license) to only two ie. ID Proof, Lease Deed/Legal Occupancy Certificate.
Government have examind the matter in detail and are pleased to order that LSG Institutions shall reduce the number of documents to be submitted for obtaining trade license (D & O license) to only two ie. ID Proof, Lease Deed Legal Occupancy Certificate.
(By Order of the Governor) T.K. JOSE Principal Secretary to Government.
To
The Director of Panchayath. Thiruvananthapuram. The Director of Urban Affairs. Thiruvananthapuram. The Industries & Power Department The M/s KPMG.
The Kerala State Industrial Development Corporation The Local Self Government (RA & RB) De partment The Stock File Office Copy.
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Government of Kerala
No.R.C.3/228/2020/LSGD Local Self Government (RC) Department Thiruvananthapuram Date:09/07/2021
CIRCULAR
Sub:- Local Self Govt. Department Documents to be submitted when renewing business license in Local Self Government Institutions Issuingclarification
Ref:- 1. Circular No.66562/RC3/12/LSGD dated 10.01.2013 2. Judgment dated 22.02.2017 in WP(C) No.5938/2017(N) of the Hon'ble High Court 3. GO(Rt)No.3361/2017/LSGD Dated 23 10 2017
As per ref (1) circular, directed that the Health Inspector should investigate all license applications and maintain a personal register for the same. The Hon'ble High Court as per reference cited (2) judgment in WP(C)No.5938/2017(N) has also directed the Njarakkal Grama Panchayat Secretary to consider the application for the license without seeking a Sanitation Certificate of Sri.Rimold Perera, the second petitioner in the petition.
Section 233 (4) b of the Kerala Panchayat Raj Act, as amended by the Kerala Investment Promotion and Facilitation Act, 2018, stipulates that the certificate of District Medical Officer is required only for health institutions such as
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hospitals. There is no provision regarding sanitation certificate.
To facilitate the process of trading licenses as part of the Ease of Doing it has been ordered under reference 3 that only I.D.proof, lease deed / legal occupancy certificate should be produced.
Despite the above orders and directives, the Government is aware that different procedures are followed in each district for renewal of business licenses while applying for trade licenses in the local bodies. Clarification is issued on the basis of the complaints received from the Government in this regard and on the basis of reference orders regarding the documents to be produced at the time of renewal of trade license in the Local Self Government Institutions as given below.
(1) Sanitation certificate is not mandatory when renewing business licenses of local selfgoverning bodies. It is sufficient to renew the license on the basis of the Inspection report of the officer investigating the applications.
(2) When taking a new business license in the local self- government, lease agreement and ID. Proof must also be produced. If the license thus obtained is renewed in time, the lease agreement need not be re-presented. In case the license is not renewed in time, the consent of the building owner should be produced when applying for renewal.
Bishwanadh Sinha Principal Secretary
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Director of Panchayath, Thiruvananthapuram Director of Urban Affairs, Thiruvananthapuram All Deputy Directors of Panchayat (Through Panchayat Director) Regional Joint Director, Kollam, Kochi, Kozhikode (Through Director of Urban Affairs) Principal Accountant General (AuditI/Audit II) Thiruvananthapuram Director, Kerala State Audit Department, Thiruvananthapuram Executive Director, Information Kerala Mission, Thiruvananthapuram I & P.R.D. Web & New Media Stock File/Office Copy (RC3/228/2020/LSGD)
By Order Sd/Section Officer
Pleader has filed a counter affidavit dated 08.07.2022,
refuting the averments and prayers sought for in the writ petition.
When this writ petition came up for further consideration today, Mrs.Sreelakshmi, learned counsel appearing for the petitioner submitted that the petitioner is
not pressing the writ petition. Placing on record the above
WP(C) NO. 16037 OF 2021 ..8.. submission, writ petition is dismissed as not pressed. We make it clear that the petitioner will not be at liberty to approach this Court again with the same cause of action.
S.MANIKUMAR CHIEF JUSTICE
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SB
2 issues framed by the court
Whether to allow the petitioner to proceed with the writ petition challenging the simplified procedure for D&O licenses.
Whether a Sanitation Certificate is mandatory for renewing business licenses under Local Self Government Institutions.
Colour shows how this judgement treated each authority
WP(C) No.5938/2017(N)Referred¶49
2 provisions across 2 enactments
ANIL CHANDRAN R.
STATE OF KERALA
THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT
THE SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT
THE DIRECTOR OF HEALTH SERVICES
S. MANIKUMAR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court