VYAPARI VYAVASAYI EKOPANA SAMITHY Vs. ADOOR MUNICIPALITY

JUDGEMENT

(1.) The first petitioner is the Vyapari Vyavasayi Ekopana Samithy, Adoor unit. Petitioners 2 and 3 are members of that samithi. This Original Petition is filed by them mainly challenging Ext. P3 notification issued by the 1st respondent Municipality under S.447 of the Kerala Municipality Act. Ext. P3 is a notification issued by the Secretary of the Municipality fixing the rates applicable for grant of licence for carrying on certain trades within the Municipal area. Ext. P1 was the initial notification issued by the Secretary on 21.1. 1997 superseding the earlier notification of 1990. That was challenged before this Court by filing O.P. No. 3881/98. Subsequently, the Municipality decided to keep in abeyance Ext. P1 and taking into account the objections raised to the rates prescribed in Ext. P1, Ext. P3 notification was issued on 14.10.1998, which was to take effect from 1.4.1999. The petitioners attack Ext. P3 on the following grounds:-

(2.) The 1st respondent has filed a counter affidavit resisting the prayers in the Original Petition and also stating that the Original Petition is not maintainable. The first petitioner is an unregistered association and it cannot maintain a writ application challenging the fixation of fee made by the Municipality. The affected persons have to challenge it, it is contended. Regarding the various grounds urged by the petitioners, the 1st respondent submits as follows:-

(3.) . I heard the learned Counsel on both sides.