N.C.BOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioners aggrieved by the imposition of fee for renewal of licence under the Money Lenders Act. The petitioners are financiers who have taken out licence under the Act. It is averred in paragraph No.2 of the Writ Petition that as per the provisions of the Act, the present licence fee is Rs.3,000.00. Even though there was an enhancement, the same was challenged in Writ Appeal No.768/1997 and after considering various aspects, the amount was reduced fixing it as Rs.3,000.00. Even though the State challenged the same before the Hon'ble Supreme Court, that was not interfered with.

(2.) THE petitioners are relying upon Rule 4(2) of the Kerala Money Lender's Rules, wherein the renewal fee is fixed as Rs.1,000.00. It is stated that the petitioners and other members are compelled to pay an amount of Rs.3,000.00. The petitioners are therefore seeking for various reliefs including a declaration that in view of Rule 4 (2) of the Kerala Money Lenders Rule, 1964, the fee for renewal of licence issued under the Kerala Money Lenders Act is Rs.1,000.00.

(3.) THE learned counsel for the petitioners submitted that Rules have been framed in the year 2000, subject to further amendments in the matter and therefore the intention of the legislature is clear. We need not strain too much in the light of the express provisions of the Act and in case of conflict, provisions of the Act alone will govern the field. Subordinate legislation which runs contrary to the provisions of the Act cannot get enforcement also.