SECRETARY, NEYYATTINKARA MUNICIPALITY Vs. ROY

JUDGEMENT

(1.) The point of law involved in these appeals at the instance of the Neyyattinkara Municipality is whether an owner of gymnasium/health club/fitness centre is required to obtain a licence under the Kerala Places of Public Resort Act, 1963 (for short, "Act 40 of 1963") over and above the licence obtained under Sec. 447 of the Kerala Municipality Act, 1994 (for short, "the Municipality Act").

(2.) The learned Single Judge was of the view that licence is required under both the enactments. Aggrieved by this, the Neyyattinkara Municipality has come up in these appeals. We are not adverting to the facts leading to the issue for the obvious reason that now what is to be decided in these appeals is only a point of law.

(3.) The Municipality Act is a replacement of earlier enactments relating to Municipalities and Municipal Corporations. Sec. 447 of the Municipality Act provides that no place within the Municipal area shall be used without licence. It also authorizes the Municipality to fix the terms and conditions of licence to be issued. The first proviso to Sec. 447 of the Municipality Act mandates that licence shall not be detrimental to any public interest. This aspect is significant in these appeals for decision.