IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 OP.No. 6263 of 2003(U) ---------------------- PETITIONER: ------------ 1. VYAPARI VYAVASAI EKOPANA SAMITHI, PALARIVATTOM UNIT, REPRESENTED BY GENERA SECRETARY C.G.JOHN. 2. K.G.SANTHOSH, S/O. GOPALAN, KANITHI TYRES, PALARIVATTOM. 3. V.K.SURESH, NIRMAN TRADERS, PALARIVATTOM. BY ADV. SRI.T.M.CHANDRAN SRI.S.SUJITH RESPONDENTS: ------------- 1. CORPORATION OF COCHIN, REPRESENTED BY SECRETARY, ERNAKULAM. 2. THE HEALTH OFFICER, CORPORATION OF COCHIN, ZONAL OFFICE, EDAPPALLY. BY ADV. SRI.V.B.UNNIRAJ,SC,COCHIN CORPORATION. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON21.8.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.6263/2003 IN O.P.NO.11063/03 DISMISSED 21.8.08 SD/- K.BALAKRISHNAN NAIR, JUDGE. APPENDIX PETITIONER'S EXT: EXT.P1: TRUE COPY OF THE NOTICE DATED 25.1.03 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONERS. TRUE COPY K.BALAKRISHNAN NAIR ,J. ----------------------------------------------------- O.P.No.6263 OF 2003 ----------------------------------------------------- DATED THIS THE 21st DAY OF AUGUST, 2008 J U D G M E N T The first petitioner is the Palarivattom Unit of an organisation of traders. The petitioners 2 and 3 are members of the first petitioner. They are aggrieved by Exhibit P1 notice published by the Cochin Corporation which notifies the various stipulations for grant/renewal of D& O licence for doing business within the Corporation of Cochin. One of the conditions is that the applicant should produce receipt evidencing payment of property tax. The petitioners 2 and 3 submit, majority of the members of the first petitioner are tenants and in their case, the insistence of payment of property tax for renewal of licence is unjustified and unwarranted. Only the traders, who are owners of the premises alone can be compelled to clear the arrears of property tax as a condition precedent for renewing the D&O licence. While, hearing the Original Petition on 25.2.2003, this Court passed the following interim order on C.M.P.No.11063/2003. “Heard both sides. The production of property tax receipt shall not be insisted until further orders in pursuance to Ext.P1 notice for the renewal of licence, so far as tenants occupying O.P.No.6263/03 -2- rented premises are concerned.” 2. I find considerable force in the submission of the petitioners. If the application for renewal of licence is submitted by a trader doing business in tenanted premises, it is not proper or fair for the Corporation to demand that he should clear the arrears of property tax. For that, the Corporation has to proceed against the owner of the property. Therefore, it is ordered that for renewal of licence, the Corporation shall not compel persons who are doing business in the tenanted premises to produce property tax receipt evidencing clearance of arrears of property tax along with their application for renewal of licence. The Original Petition is allowed as above. K.BALAKRISHNAN NAIR, JUDGE. dsn