ALUVA MUNICIAPALITY Vs. BENNI

JUDGEMENT

(1.) The revision petitioner is the Aluva Municipality, who was the 1st respondent in I.A. No. 687/2000 in O.S.No.66/2000 of the Additional Sub Court, North Paravur. The Municipality contends that the injunction granted by the said court and confirmed by the Addl. District Court, North Paravur in C.M.A.No.34/2000 restraining the Municipality from interfering with the petitioners' right to do business in ice blocks in the place provided for casual vendors in the Municipal Market, Aluva is unjustified.

(2.) The facts of the case are not in dispute. Pursuant to Ext.Bl tender notice and pursuant to Ext.B2 tender form presented by one Manoj K. Jose, he was granted licence to vend ice in the Municipal Market for the period 1999-2000. It is the contention of the Municipality that by virtue of Ext.B3 licence no other person can sell ice in the market and therefore the contention of the petitioner plaintiff has to fail.

(3.) The contention of the respondents 1 and 2, who are the plaintiffs, is that Municipality has no right to interfere with the fundamental right of the plaintiffs guaranteed under Art.19(1)(g) of the Constitution for access to the market and to have a business therein and that the Municipality cannot insist that only a bidder of the right to use the stall provided by the Municipality can do business in ice. According to them, there is difference between 'storing of ice and sales in the stall' as notified in Clause.4 of Ext.B1 and the 'vending of ice' in blocks without use of any stall or separate storage in the market.