Unnikrishnan vs Chief Secretary
2024 Latest Caselaw 29220 Ker

Kerala High Court

Unnikrishnan vs Chief Secretary on 10 October, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                                  &

                  THE HONOURABLE MR. JUSTICE S.MANU

    THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                        WP(C) NO. 3420 OF 2024

PETITIONERS:

    1     UNNIKRISHNAN,
          AGED 50 YEARS
          S/O. DAMODARA KURUP, MANNAMPOYIL, BALUSSERY, KOZHIKODE,
          PIN - 673612

    2     MANOJ K.,
          AGED 55 YEARS
          S/O. CHEEKUTTY, KANDOTH KUZHIYIL, BALUSSERY, KOZHIKODE,
          PIN - 673612


          BY ADVS.
          RENJITH B.MARAR
          LAKSHMI.N.KAIMAL
          P.RAJKUMAR
          KESHAVRAJ NAIR
          ARUN POOMULLI
          PREETHA S CHANDRAN
          ABHIJITH SREEKUMAR
          ANAND REMESH
          ABHIRAM.S.
          C.R.REKHA
          VISWANATH JAYAN
          GAADHA SURESH
          BALASUBRAMANIAM R.


RESPONDENTS:

    1     CHIEF SECRETARY,
          GOVERNMENT OF KERALA SECRETARIAT, TRIVANDRUM., PIN -
          695001

    2     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAW,
          GOVERNMENT OF KERALA, SECRETARIAT, PALAYAM,
 WP(C) NO. 3420 OF 2024
                                 2



          THIRUVANANTHAPURAM, PIN - 695001

    3     THE DIRECTOR,
          DIRECTORATE OF PANCHAYAT, PUBLIC OFFICE BUILDING, LMS
          VELLAYAMBALAM ROAD, PALAYAM, THIRUVANANTHAPURAM-, PIN -
          695033

    4     ADDITIONAL CHIEF SECRETARY,
          DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT OF
          KERALA, SECRETARIAT, PALAYAM, THIRUVANANTHAPURAM, PIN -
          695001

    5     THE SECRETARY,
          BALUSSERY PANCHAYATH, BALUSSERY, KOZHIKODE., PIN -
          673612


          BY ADVS.
          VINOD SINGH CHERIYAN
          T.M.KHALID(K/000047/2013)
          K.P.SUSMITHA(K/956/2001)



OTHER PRESENT:

          SRI RENJITH B MARAR
          SMT K P SUSMITHA FOR R5, SMT DEEPA ,SPL GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3420 OF 2024
                                          3




                                     JUDGMENT

Nitin Jamdar, C.J.

This is a Public Interest Litigation challenging the validity of a statutory provision. The statutory provision relates to a user fee. Those who are affected by the imposition of the user fee can always raise a challenge to the user fee, including the validity of such a provision. Therefore, the Public Interest Litigation is not necessary.

2. Learned counsel for the Petitioners submits that even otherwise, the ordinance has now been converted into a statute and the provisions of the statute need to be challenged. This may be true, but it could be subject to challenge based on our observation as above.

3. This Public Interest Litigation is accordingly disposed of.

sd/-

NITIN JAMDAR CHIEF JUSTICE

sd/-

S.MANU JUDGE Nsd WP(C) NO. 3420 OF 2024

APPENDIX OF WP(C) 3420/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE NOTIFICATION DATED 08.12.2023 PUBLISHED IN THE KERALA GAZETTE BY THE 1 ST RESPONDENT ALONG WITH THE ORDINANCE NO. 4 OF 2023