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): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MUNICIPAL CORPORATION, KOLLAM, REPRESENTED BY ITS SECRETARY. 3. THE COUNCIL, 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. 2. The learned counsel for the Corporation submitted that the Corporation has revised licence fee only after ten years and only moderate enhancement is there in respect to the various items. The Corporation had also invited objections from various quarters and the objections have been considered also. It is pointed out that it is not a hasty exercise and, at every stages, consultations with various groups have been done by the Corporation. In paragraph (7) of the statement filed by the Corporation, it is pointed out that the representation submitted by the petitioner has been brought to the notice of the Finance, W.P.(C). No.14306/2010 -:2:- Health Standing Committee for examination and to take necessary action. 3. In that view of the matter, it is only proper that 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