The Merchants ... vs State Of Kerala
2021 Latest Caselaw 21405 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         WP(C) NO. 6269 OF 2011
PETITIONER:

          THE MERCHANTS ASSOCIATION, MUVATTUPUZHA,
          (REG.NO.ER 50/64), VYAPARA BHAVAN, MARKET P.O - 686673,
          REPRESENTED BY ITS SECRETARY, K.MYTHEEN, KANDATHIKUDI
          HOUSE, THRIKKA, EAST VAHZAPPILLY, P.O.MUVATTUPUZHA.

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



RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY THE
          SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (E)
          DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     THE MUVATTUPUZHA MUNICIPALITY'
          REPRESENTED BY ITS SECRETARY,
          MUNICIPAL OFFICE, MUVATTUPUZHA-686 661.

          BY ADVS.
          SRI.V.M.KURIAN
          SRI.MATHEW B. KURIAN



          SMT.VIDYA KURIAKOSE, SENIOR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.6269/2011
                                               2




              P.V.KUNHIKRISHNAN, J
     --------------------------------------
             W.P.(C)No.6269 of 2011
     --------------------------------------
      Dated this the 29th day of October 2021

                                      JUDGMENT

The above writ petition is filed with

following prayers:

"a) A declaration that the schedules to Exhibit P2 are in the nature of imposition of tax and ultravires the powers of the first respondent and hence illegal, unconstitutional and unenforceable.

b) A writ of certiorari quashing Exhibit P6 Government Order dated 19/1/2009 issued by the first respondent.

c) Issue a writ in the nature of prohibition or any other appropriate, writ, order or direction, restraining the respondents from implementing or enforcing the schedules of Exhibit P2 Rules and Exhibit P6 Government Order and/or from taking coercive measures for non compliance thereof in any manner.

d) Grant such other reliefs as are deemed fit and proper in the facts and the circumstances of the case."

2. Today when the matter came up for

consideration, both sides submitted that the WP(C) NO.6269/2011

matter is covered as per the judgment of this

Court dated 10.03.2017 in W.P.(C)No.12727 of 2007

and other connected cases reported in Palghat

Chamber of Commerce v. State of Kerala

[2017(2)KLT 676]. I think the reliefs granted in

paragraph 18 of the above judgment can be

extended to the petitioner herein also.

Therefore, this writ petition is disposed of

in tune with the judgment in Palghat Chamber's

Case (supra).

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.6269/2011

APPENDIX OF WP(C) 6269/2011

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOCOPY OF KPFA RULES 1957.

EXHIBIT P2 TRUE PHOTOCOPY OF KPFA RULES 2007.

EXHIBIT P3 TRUE PHOTOCOPY OF LETTER DATED 27/07/2009 ISSUED BY THE DEPUTY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT.

EXHIBIT P4 TRUE PHOTOCOPY OF RECEIPT DATED 16/02/2011 ISSUED TO A MEMBER OF THE PETITIONER.

EXHIBIT P5 TRUE PHOTOCOPY OF RECEIPT DATED 14/02/2011 ISSUED TO ANOTHER MEMBER OF THE PETITIONER.

EXHIBIT P6 TRUE PHOTOCOPY OF GO(MS) NO.

15/08/F&HWD DATED 09/01/2009 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P7 TRUE PHOTOCOPY OF ORDER DATED 23/02/2010 IN WPC NO. 5943/2010, HIGH COURT OF KERALA.

EXHIBIT P8 TRUE PHOTOCOPY OF LIST OF MEMBERS OF THE PETITIONER.

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE