Kerala High Court
The Merchant'S Association vs State Of Kerala And Others on 6 October, 2021
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. 7437 OF 2010
PETITIONER:
THE ERNAKULAM MARKET STALL OWNERS ASSOCIATION,
REG.NO.ER 422/89,BASIN ROAD,, ERNAKULAM,
COCHIN-682 035,REP.BY ITS GENERAL,
SECRETARY,N.H.SHAMEED,NATHEKKAD,KARAMA ROAD,,
ELAMAKKARA.
BY ADVS.
SRI.DINESH R.SHENOY
SRI.G.HARIKRISHNAN TRIPUNITHURA
SRI.MAHESH MENON
RESPONDENTS:
1 STATE OF KERALA, REP. BY THE SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT, HEALTH &
FAMILY WELFARE DEPARTMENT,GOVERNMENT SECRETARIAT,,
THIRUVANANTHAPURAM.
3 CORPORATION OF KOCHI, BOAT JETTY
ERNAKULAM,REP.BY ITS SECRETARY.
BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI
MUNICIPAL CORPORATION
SMT.RASHMI.K.M, SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.10.2021, ALONG WITH WP(C).4623/2011 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
2
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. 11231 OF 2010
PETITIONERS:
1 THE ALLEPPEY FOOD GRAINS MERCHANTS
ASSOCIATION, KVVES UNIT NO.3025, GRAINS
CHAMBER,, MARKET ROAD, ALAPPUZHA, REPRESENTED
BY ITS, GENERAL SECRETARY GEORGE P.F., M/S.
PULICKAL, TRADERS, ST.GEORGE STREET, ALAPPUZHA.
2 GEORGE P.F.
M/S. PULICKAL TRADERS, ST.GEORGE STREET,,
ALAPPUZHA.
BY ADV SRI.G.GIREESH KUMAR
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 ALAPPUZHA MUNICIPALITY
ALAPPUZHA, REPRESENTED BY THE SECRETARY,,
ALAPPUZHA MUNICIPALITY, ALAPPUZHA.
BY ADV SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
ADV.RASHMI K.M., SR.GOVT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).4623/2011 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
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. 12636 OF 2010
PETITIONERS:
1 KERALA VYAPARI VYAVASAI EKOPANA SAMITHI
KOIPURAM UNIT, KOIPURAM PANCHAYATH,,
PATHANAMTHITTA DISTRICT REPRESENTED BY ITS,
GENERAL SECRETARY P.S.SHAHUL.
2 P.S.SHAHUL GENERAL SECRETARY
KVVES KOIPURAM UNIT RESIDING AT
PANTHAPLAMOOTIL, PADUTHODU P.O., PURAMATTOM
VILLAGE, MALLAPPALLY, TALUK, PATHANAMTHITTA
DISTRICT.
BY ADV SRI.G.GIREESH KUMAR
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE
SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT,,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3 KOIPURAM PANCHAYATH KOIPURAM
PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS,
SECRETARY.
BY ADV SRI.S.SUBHASH CHAND
ADV.RASHMI K.M, SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).4623/2011
AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
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. 4623 OF 2011
PETITIONERS:
1 THE MERCHANT'S ASSOCIATION
(AFFILIATED TO KERALA CHAMBER OF COMMERCE AND,
INDUSTRY), REG.NO.S-45/71, CHERTHALA-688 524,,
REPRESENTED BY ITS GENERAL SECRETARY,,
P.G.ANIYAPPAN, AGED 63 YEARS, S/O. LATE
P.K.GOVINDAN.
2 A.C.JOSEPH, AGED 78 YEARS
ARACKAPARAMBIL HOUSE, CHERTHALA P.O.,,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE
LOCAL SELF GOVERNMENT DEPARTMENT,, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFARE DEPARTMENT,, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM-695001
3 THE CHERTHALA MUNICIPALITY
REP. BY ITS SECRETARY, CHERTHALA,, ALAPPUZHA
DISTRICT-688524
BY ADV SRI.J.OM PRAKASH
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.10.2021, ALONG WITH WP(C).7437/2010,
11231/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
5
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.7437, 11231 and 12636 of 2010
&
W.P.(C). No.4623 of 2011
----------------------------------------------
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).Nos.7437,11231,12636 of 2010
& 4623/2011
APPENDIX OF WP(C) 7437/2010
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE UNIT OF MEMBERS OF THE
PETITIONER
EXHIBIT P2 COPY OF THE KPFA RULES, 1957
EXHIBIT P3 COPY OF THE KPFA RULES, 2007
EXHIBIT P4 COPY OF LETTER DAT3ED 27.7.2009 ISSUED
BY THE 1ST RESPONDENT
EXHIBIT P5 COPY OF THE RECEIPT DATED 10.2.2009
EVIDENCING PAYMENT OF PFA LICENSE FEES
FOR THE YEAR 2009-2010 ISSUED BY THE
3RD RESPONDENT TO THE SECRETARY OF HTE
PETITIONER
EXHIBIT P5(A) COPY OF THE COPY OF THE RECEIPT DATED
15.02.2010 EVIDENCING PAYMENT OF PFA
LICENSE FEES FOR HTE YEAR 2009-2010
ISSUED BY THE 3RD RESPONDENT TO THE
SERCRETARY OF HTE PETITIONER
EXHIBIT P6 TYPED COPY OF GOMS NO.15/08/F & HWD
DATED 9.1.2009 ISSUED BY THE FIRST
RESPONDENT
EXHIBIT P7 COPY OF THE INTERIM ORDER DATED
23.2.2010 IN WPC NO.5943/2010
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
APPENDIX OF WP(C) 11231/2010
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE LIST OF MEMBERS OF THE
PETITIONERS ASSOCIATION
EXHIBIT P2 COPY OF THE PREVENTION OF FOOD
ADULTERATION RULE, 1957
EXHIBIT P3 COPY OF THE RULE UNDER THE PFA ACT
NAMELY THE KERALA PREVENTION OF FOOD
ADULTERATION RULES, 2007
EXHIBIT P4 COPY OF THE LETTER DATED 27.7.2009
EXHIBIT P5 COPY OF THE GO(MS) NO.15/08/H&FWD
DATED 9.1.2009
EXHIBIT P6 COPY OF THE ORDER DATED 23.02.2010
PASSED BY THIS HONOURABLE COURT IN WPC
5943/2010
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
APPENDIX OF WP(C) 12636/2010
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE KERALA PREVENTION OF FOOD
ADULTERATION RULE 1957
EXHIBIT P2 COPY OF THE KERALA PREVENTION OF FOOD
ADULTERATION RULES 2007
EXHIBIT P3 COPY OF THE LETTER DATED 27.7.2009
ISSUED BY THE FIRST RESPONDENT
EXHIBIT P4 COPY OF THE GO(MS) NO.15/08/H&FWD
DATED 19.01.2009
EXHIBIT P5 COPY OF THE INTERIM ORDER DATED
31.3.2010 PASSED BY THIS HONOURABLE
COURT IN WPC 5943/2010
W.P.(C).Nos.7437,11231,12636 of 2010
& 4623/2011
APPENDIX OF WP(C) 4623/2011
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE KPFA RULES, 1957
EXHIBIT P2 COPY OF THE KPFA RULES, 2007
EXHIBIT P3 COPY OF THE GO(MS)NO.15/2008/H&FWD
DATED 9.1.2009
EXHIBIT P4 COPY OF THE COMMUNICATION ISSUED BY
THE GOVERNMENT DATED 27.7.2009
EXHIBIT P5 COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WPC 11502/2010
EXHIBIT P6 COPY OF THE INTERIM ORDER PASSED BY
THIS HON'BLE COURT IN WPC 14461/2010
DATED 06.05.2010
