Kvves Marangatattupilly Unit vs State Of Kerala
2021 Latest Caselaw 20816 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                   WP(C) NO. 7154 OF 2010
PETITIONERS:

    1     KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI (KVVES),
          ERNAKULAM MEKHALA COMMITTEE,
          DOOR NO.38/2191D, VYAPARA BHAVAN, COCHIN-17,
          REPRESENTED BY ITS SECRETARY SRI.C.S.PRADEEP(AGED
          49, S/O.LATE SANKARAN KUTTY).

    2     KVVES, KADAVANTHARA UNIT,
          KADAVANTHARA,ERNAKULAM,
          REPRESENTED BY ITS SECRETARY, SHRI.C.L.SOLEMEN.

    3     DINESH BALAN, FAMOUS BAKERY, SA ROAD,
          KADAVANTHARA.
    4     KVVES, KALOOR UNIT,
          KALOOR VYAPARI VYVASAYI ASSOCIATION, VYAPARA
          BHAVAN,
          PONOTH ROAD, KALOOR, KOCHI-17,
          REPRESENTED BY ITS SECRETARY, E.P.SATHYAN.

    5     P.A.SALIM, PEEDIKAPARAMBIL HOUSE
          EDAPPALLY, KOCHI-24.
    6     KVVESPALARIVATTOM UNITVYAPARA BHAVAN
          PALARIVATTOM, KOCHI-20,
          REPRESENTED BY ITS SECRETARY, K.M.BABU.

    7     P.A.USMAN, BAKERY & FRESH CHIPS,
          PALARIVATTOM JUNCTION, ERNAKULAM.
    8     KVVES, ERNAKULAM CITY NORTH UNIT,
          SRM ROAD, NORTH PACHALAM P.O, KOCHI-12,
          REPRESENTED BY ITS SECRETARY, SURESH GOPI.

    9     NOUSHAD.A, TRAVANCORE SWEETS, GKM ROAD,
          VADUTHALA,COCHIN-23.
   10     VYAPARA VYAVASAYI EKOPANA SAMITHI,
          PUTHIYA ROAD UNIT, PUTHIYA ROAD JUNCTION,
          THAMMANAM PO,
          KOCHI-32, REPRESENTED BY ITS SECRETARY, T.B.SUMOD.

   11     JOSEPH KURIAN, JS TRADING COMPANY,
          32/312E,PUTHIYA ROAD, KOCHI-682 032.
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                   2


    12          THAMMANAM MERCHANTS UNIT AFFILIATED TO KVVES,
                THAMMANAM, PALARIVATTOM,KOCHI-25,
                REPRESENTED BY ITS SECRETARY, K.A.MUHAMMED
                KUTTY.

    13          M.P.MADHAVA NAIK, KANAKAM TEA TRADERS
                PULLEPPADY-THAMMANAM ROAD,THAMMANAM,, KOCHI-32.
    14          KVVES, KATHRIKKADAVU, KOCHI- 17,
                REPRESENTED BY ITS SECRETARY I.R.THAMPI.

    15          K.C.SUNEESH, KOLLANOR HOUSE,
                KATHRIKKADAVU, KOCHI-17.
                BY ADVS.
                SRI.DINESH R.SHENOY
                SRI.G.HARIKRISHNAN TRIPUNITHURA
                SRI.MAHESH MENON

RESPONDENTS:

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

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

     3          THE CORPORATION OF COCHIN, BOAT JETTY,
                ERNAKULAM, REPRESENTED BY ITS SECRETARY,
                CORPORATION OF COCHIN.

                BY ADV. SMT.VIDYA KURIAKOSE, GP
         THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7340/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                      3




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                        WP(C) NO. 7340 OF 2010
PETITIONER:

                KOTTAYAM MERCHANTS ASSOCIATION,
                AN AFFILIATED UNIT OF THE KERALA VYAPARI
                VYAVASAYI EKOPALA SAMITHI, KOTTAYAM, REP. BY
                ITS SECRETARY, M.K.KHADER,
                S/O. ABOOBAKER, AGED 65, MAHE HOUSE,
                MANIKKUNNAM, VELOOR, KOTTAYAM-3.

                BY ADVS.
                SRI.DINESH R.SHENOY
                SRI.G.HARIKRISHNAN TRIPUNITHURA
                SRI.MAHESH MENON

RESPONDENTS:

     1          STATE OF KERALA
                LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM.
     2          THE SECRETARY TO GOVERNMENT
                HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM.
     3          KOTTAYAM MUNICIPALITY, M.C.ROAD
                KOTTAYAM, REPRESENTED BY ITS SECRETARY.
                BY ADVS.SMT.VIDYA KURIAKOSE, GP
                SRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY
                SRI.B.PREMNATH E
                SRI.PHILIP J.VETTICKATTU
                SRI.SIBY MATHEW
         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7154/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                      4


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                        WP(C) NO. 7344 OF 2010
PETITIONERS:

     1          KVVES, KANAKKARY UNIT, REG.NO.65/84,
                KANAKKARY P.O,
                REPRESENTED BY ITS GENERAL SECRETARY,
                C.M.MATHAI.

     2          A.T.THOMAS, KARIVELIL,
                KANAKKARY P.O, PIN-686 632.

                BY ADVS.
                SRI.DINESH R.SHENOY
                SRI.G.HARIKRISHNAN TRIPUNITHURA
                SRI.MAHESH MENON

RESPONDENTS:

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

     2          THE SECRETARY TO GOVERNMENT,
                HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPUTRAM.

     3          KANAKKARY GRAMA PANCHAYATH,
                KANAKKARY P.O, KOTTAYAM DISTRICT,
                REPRESENTED BY ITS SECRETARY.

                BY ADV. SMT.VIDYA KURIAKOSE, GP
         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7154/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                  5




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 7445 OF 2010
PETITIONERS:

      1      KVVES, ERATTUPETTA UNIT, VYAPARA BHAVAN,
             ERATTUPETTA.P.O,
             REPRESENTED BY ITS SECRETARY P.P.MANSOOR,AGED
             44,
             S/O.P.K.PAREETH,PONDANALIL HOUSE, ERATTUPETTA.

      2      HASEENA ABDUL KHADER, AMBAZHATHINAL,
             ERATTUPETTA-1.
             BY ADVS.
             SRI.DINESH R.SHENOY
             SRI.G.HARIKRISHNAN TRIPUNITHURA
             SRI.MAHESH MENON

RESPONDENTS:

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

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

      3      ERATTUPETTA GRAMA PANCHAYATH,
             ERATTUPETTA.P.O., REPRESENTED BY ITS SECRETARY.
             BY ADV. SMT.VIDYA KURIAKOSE, GP
          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7154/2010
AND       CONNECTED   CASES,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                      6


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                        WP(C) NO. 7455 OF 2010
PETITIONER:

                KVVES MARANGATATTUPILLY UNIT
                MARANGATTUPPILLY,REP.BY ITS GENERAL SECRETARY,
                JOSEPH JOHN,VADAKKEPPADAVIL, MARANGATTUPILLY,
                KOTTAYAM-686 638.

                BY ADVS.
                SRI.DINESH R.SHENOY
                SRI.G.HARIKRISHNAN TRIPUNITHURA
                SRI.MAHESH MENON

RESPONDENTS:

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

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

     3          MARANGATTUPILLY GRAMA PANCHAYATH
                MARANGATTUPILLY.P.O, REP.BY ITS SECRETARY.
                BY ADVS. SRI.SUNIL CYRIAC
                         SMT.VIDYA KURIAKOSE, GP


         THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7154/2010 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                  7




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 7532 OF 2010
PETITIONERS:

      1      KVVES, MUNDAKKAYAM UNIT,
             VYAPARABHAVAN, MUNDAKKAYAM-636173,
             REPRESENTED BY ITS GENERAL SECRETARY S.SABU,
             AGE 50, S/O.SANKARAN.
      2      R.C.NAIR, SURYA,
             MUNDAKKAYAM P.O.-686573.
             BY ADVS.
             SRI.DINESH R.SHENOY
             SRI.G.HARIKRISHNAN TRIPUNITHURA
             SRI.MAHESH MENON

RESPONDENTS:

      1      STATE OF KERALA, REPRESENTED BY THE SECRETARY,
             LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM.
      2      THE SECRETARY TO GOVESRNMENT
             HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM.
      3      MUNDAKKAYAM GRAMA PANCHAYATH,
             MUNDAKKAYAM-636573, REPRESENTED BY IT'S
             SECRETARY.
             BY ADVS. BY ADV. SMT.VIDYA KURIAKOSE, GP


          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C). 7154/2010
AND       CONNECTED   CASES,   THE    COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.7154, 7340, 7344, 7445, 7455
& 7532 of 2010

                                  8




                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
        W.P.(C).Nos.7154, 7340, 7344, 7445, 7455
                         & 7532 of 2010
            ----------------------------------------------
         Dated this the 06th day of October, 2021


                           JUDGMENT

Today, when these writ petitions came up for

consideration, the Government Pleader submitted that

the matter is covered by the judgment of this Court dated

10.03.2017 in W.P.(C).No.12727 of 2007 and other

connected cases. The counsel for the petitioners

submitted that the reliefs granted in paragraph 18 of the

above judgment may be extended to the petitioners

herein also.

After hearing both sides, these writ petitions are

disposed of, in tune with the judgment dated 10.03.2017

in W.P.(C).No.12727 of 2007.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7154/2010

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 2ND PETIITONER.

EXHIBIT P2 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 4TH PETIITONER.

EXHIBIT P3 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 6TH PETIITONER.

EXHIBIT P4 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 8TH PETIITONER.

EXHIBIT P5 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 10TH PETIITONER.

EXHIBIT P6 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 12TH PETIITONER.

EXHIBIT P7 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE 14TH PETIITONER.

EXHIBIT P8 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P9 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P10 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P11 TRUE PHOTOCOPY OF THE RECEIPT DATED 28/2/2009 EVIDENCING PAYMENT OF PFA LICENSE FEES FOR THE YEAR 2009-2010 BY THE 3RD PETIITONER.

EXHIBIT P12 TRUE PHOTOCOPY OF RECEIPT DATED 24/2/2009 ISSUED TO 5TH PETIITONER. EXHIBIT P13 TRUE PHOTOCOPY OF RECEIPT DATED 24/2/2009 ISSUED TO 7TH PETIITONER. EXHIBIT P14 TRUE PHOTOCOPY OF RECEIPT DATED 24/2/2009 ISSUED TO 9TH PETIITONER. EXHIBIT P15 TRUE PHOTOCOPY OF RECEIPT DATED 24/2/2009 ISSUED TO 11TH PETIITONER. EXHIBIT P16 TRUE PHOTOCOPY OF RECEIPT DATED 24/2/2009 ISSUED TO 13TH PETIITONER. EXHIBIT P17 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P18 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.

W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7340/2010

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE UNIT OF MEMBERS OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P3 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P4 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 28/3/2009 EVIDENCING PAYMENT OF PFA LICENSE FEES BY THE 2ND PETITIONER FOR THE YEAR 2009-2010 BY THE SECRETARY OF THE 1ST PETIITONER.

EXHIBIT P6 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.

W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7344/2010

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE UNIT OF MEMBERS OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P3 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P4 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 19/3/2009 EVIDENCING PAYMENT OF PFA LICENSE FEES BY THE 2ND PETITIONER FOR THE YEAR 2009-2010 BY THE SECRETARY OF THE 1ST PETIITONER.

EXHIBIT P6 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.

W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7445/2010

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE LIST OF MEMBERS OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P3 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P4 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 31/3/2009 EVIDENCING PAYMENT OF PFA LICENSE FEES BY THE 2ND PETITIONER FOR THE YEAR 2009-2010 BY THE SECRETARY OF THE 1ST PETIITONER.

EXHIBIT P6 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.

W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7455/2010

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE UNIT OF MEMBERS OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P3 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P4 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 28/2/2009 EVIDENCING PAYMENT OF PFA LICENSE FEES FOR THE YEAR 2009-2010 BY THE SECRETARY OF THE PETIITONER. EXHIBIT P6 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.

W.P.(C).No.7154, 7340, 7344, 7445, 7455 & 7532 of 2010

APPENDIX OF WP(C) 7532/2010

PETITIONERS' EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE UNIT OF MEMBERS OF THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 1957. EXHIBIT P3 TRUE PHOTOCOPY OF KPFA RULES 2007. EXHIBIT P4 TRUE PHOTOCOPY OF LETTER DATED 27/7/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 19/2/2010 EVIDENCING PAYMENT OF PFA LICENSE FEES BY THE 2ND PETITIONER FOR THE YEAR 2009-2010 BY THE SECRETARY OF THE 1ST PETIITONER.

EXHIBIT P6 TRUE TYPED COPY OF GOMS NO.15/08/F&HWD DATED 9/1/2009 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23/2/2010 IN W.P.(C) NO.5943/2010.