ANIL CHANDRAN R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has sought for the following reliefs: (i) Issue a writ of certiorari calling for the records leading to Exhibits P4 & P5 and quash the same; (ii) Issue a writ of mandamus or any other writ, direction or order, directing the respondents not to allow any establishments, factories Hotels etc to operate without obtaining Sanitary Fitness Certificate as provided in Ext.P3 and Sec. 21 of the Kerala Public Health Ordinance, 2021; (iii) Declare that Exts.P4 and P5 allowing the Local Self Government to grant D & O license to any trade on production of just ID proof and lease deed/legal occupancy certificate is illegal, unfair, arbitrary, unreasonable, unconstitutional and the same is violative of Article 14 and 21 of the Constitution of India;

(2.) The petitioner, a public spirited person is working as a Regional Sales Manager of Acrysil Limited, a firm engaged in the business of manufacture and supply of kitchen appliances. The petitioner has approached this Court for a direction to the respondents not to allow any establishments, factories, hotels ect., to operate without obtaining Sanitary Fitness Certificates as provided in Ext.P3 and Sec. 21 of the Kerala Public Health Ordinance, 2021 as also to stay the operation of Ext.P4 Government Order and Ext.P5 Circular, which simplifies the existing procedure for providing D& O licence for conducive and fast-track environment for starting business enterprises.

(3.) The impugned proceedings challenged in this writ petition are as under: