High CourtsDIVISION BENCH(2017) 02 KL CK 0100

KERALA VYAPARI VYAVASAYI EKOPANA SAMITHY vs STATE OF KERALA

High Court Of Kerala · Decided on 28 February 2017

HON’BLE JUDGES
Thottathil B.Radhakrishnan, ANU SIVARAMAN
CASE NUMBER
395 of 2017

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Judgment

3 paragraphs · 237 words
1.

Hearing the learned counsel for the appellants and the learned Senior Government Pleader, we do not see that there is any ground to interfere with the order issued by the learned single Judge. However, we see that the said order is confined to the benefit of the 2nd petitioner alone while the appellants pray that the said order may be made applicable to all members of the 1st petitioner, which is stated to be a registered Society.

2.

We do not think that an outright approach could be made as requested. Though the matter does not relate to the realm of taxation, it relates to regulatory measures in the zone of licensing through Local Self Government Institutions. All that we would say is that respondents 1 to 5 will ensure that no applications for renewal of licence are refused to be received merely for the reason that it is not accompanied by sanitation W.A. No.395 of 2017 certificate. This direction being issued here does not take away the statutory and executive responsibility of the officers concerned to act in conformity with the requirement of inspection as directed through Ext.P4 Circular. The appropriate authority among respondents 1 to 5 will ensure that the directions contained herein are brought to the notice of the officers concerned, in all Local Self Government Institutions.

This writ appeal is ordered accordingly without prejudice to the proceedings before the learned single Judge.