Kerala High Court
R.Rajalekshmi vs State Of Kerala on 15 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 40086 OF 2023
PETITIONER:
R.RAJALEKSHMI, AGED 45 YEARS
W/O J.RAMKUMAR, PROPRIETOR, ARYAS HOTEL, CHENGANNUR,
CHENGANNUR VILLAGE, ALAPPUZHA DISTRICT, ( RESIDING AT
ANJILIVILAYIL HOUSE, PANDALAM P.O., THONNALLOOR
KURAMPALA, PATHANAMTHITTA DISTRICT, PIN - 689501
K.N.RADHAKRISHNAN(THIRUVALLA)
ABHILASH.B
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
FOOD CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA,
PIN - 695001
2 THE DISTRICT COLLECTOR, ALAPPUZHA, CIVIL STATION,
ALAPUZHA DISTRICT, PIN - 695001
3 THE SUPERINTENDENT OF POLICE
ALAPPUZHA CIVIL STATION, ALAPPUZHA, PIN - 688001
4 DISTRICT SUPPLY OFFICER
ALAPPUZHA, OFFICE OF DISTRICT SUPPLY OFFICER,
ALAPPUZHA, PIN - 688001
5 REVENUE DIVISIONAL OFFICER, CHENGNANUR, CHENGANNUR P.O.
ALAPPUZHA DISTRICT, PIN - 689121
6 DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, CHENGANNUR
P.O. ALAPPUZHA DISTRICT, PIN - 689121
7 THE TALUK SUPPLY OFFICER
TALUK SUPPLY OFFICE, CHENGANNUR, CHENGANNUR P.O.,
ALAPPUZHA DISTRICT, PIN - 689121
SRI SUNIL K KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 40086 OF 2023
2
JUDGMENT
The petitioner, who is running a restaurant under a valid
licence, has approached this Court, impugning the action of the
second respondent - District Collector, in having issued Ext.P3
proceedings fixing the amounts which they can charge for the
food items in their Menu.
2. Sri.K.N.Radhakrishnan - learned counsel for the
petitioner, vehemently argued that the second respondent
obtained no legal competence to have issued Ext.P3 under any
law, Circular or Regulations holding the field; and hence that it
is illegal and unlawful. He added that, since his client is acting
on the strength of a valid licence, namely Ext.P2, issued by the
Chengannur Municipality, the District Collector cannot
intervene, unless any violations are found, or complaints have
been established. She relied upon the judgment of this Court
in Ext.P4 in substantiation.
3. Pertinently, Sri.Sunil Kumar Kuriakose - learned
Government Pleader, even to a pointed question from this
Court, was unable to show me any provision of law which
enables the second respondent to have acted in the manner, as
done while issuing Ext.P3. His explanation was that the
WP(C) NO. 40086 OF 2023
District Collector was acting with the laudable objective of
ensuring that the pilgrims who throng the Sabarimala Temple
are not exploited by anyone, including the petitioner, by
charging usurious amounts.
4. Even if this Court is to find favour with the afore stated
intent of the District Collector, it is obvious that the said
Authority can act only if he is empowered to do so under law or
the applicable statutes. When it is virtually conceded, without
contest, that he does not obtain any such competence, I cannot
find favour with Ext.P3.
5. In the afore circumstances and being guided by the
declarations in Ext.P4 judgment, I allow this writ petition and
set aside Ext.P3.
I, however, clarify that the power of any other competent
Authority, including the second respondent, to act in terms of
law, if there are circumstances warranting such, are certainly
left open.
DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 40086 OF 2023
APPENDIX OF WP(C) 40086/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF LICENSE DATED 29.03.2023
ISSUED BY THE COMMISSIONER OF FOOD SAFETY
FOOD SAFETY AND STANDARD AUTHORITY OF INDIA
Exhibit P2 THE TRUE COPY OF LICENSE NO.
130181012300398 DATED 07.08.2023 ISSUED BY
THE MUNICIPALITY, CHENGANNUR
Exhibit P3 THE COPY OF PRICELIST PUBLISHED PRICE LIST
PUBLISHED BY THE DISTRICT COLLECTOR
12.11.2023
Exhibit P4 THE COPY OF JUDGEMENT REPORTED IN
KARTTHIGESU K. STATE OF KERALA 2015 (3) KHC
