BOBAN THOMAS Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) Petitioners are merchants engaged in the buniness of dry fish, having their shops in building Nos. 929 and 930 of Ward No. XII of Kottayam Municipality. In this Writ Petition, the main prayer sought by the petitioners is for a declaration that the building of the petitioners situated in Kottayam Municipality is not a 'market' as defined in the Kerala Municipality Act, 1994 and that therefore, Municipality is not entitled to levy any fee as mentioned in Exts. P1 to P3 auction notices.

(2.) Exts.P1 and P2 are auction notices published by the Municipality, for the year 2008-09. In so far as it is relevant, Exts.P1 and P2 provides for levy of fee, on those bringing dry fish into the Market area, viz., the area from Chanthakavala to Kodimatha, at rates specified therein. Petitioners objected to the levy and the objections were rejected by the Municipality by Ext.P3. It was thereupon that the Writ Petition was filed. During the pendency of the Writ Petition, auction for the year 2009-2010 was held pursuant to Ext.P6 auction notice and the period is to expire on 31st March, 2010. It is while so, the Writ Petition is brought up for final hearing.

(3.) The contention raised by the learned Counsel for the petitioners is that they are operating their business from buildings owned by themselves and that such buildings do not answer the requirements of a 'public market' as defined in Section 2(33) and Section 457 of the Kerala Municipality Act, 1994 and therefore levy of fee as provided in Section 458 of the Act is impermissible and illegal.