P S RAJESH Vs. ALUVA MUNICIPALITY

JUDGEMENT

(1.) The only question that has come up for consideration in this case is whether the Municipal Council has followed the mandatory procedure prescribed under S.347(20)(a) and (b) of the Kerala Municipalities Act, 1960, as amended by the Municipalities Act, 1994.

(2.) The Alwaye Municipal Council published Ext. P1 tender notice dated 13-07-2004 for auctioning the right to collect fee for bringing ice blocks into the market for sales. Municipal Council has fixed fee for exposing ice blocks in the market and its sale at the rate of Rs.5/- and published the same. On the basis of Ext. P1 tender notice second respondent quoted an amount of Rs. 73,000/- and the right to collect fee was awarded to him. Second respondent had paid one third of the amount and executed the agreement with the Municipality. Period of the licence is from 15-08-2004 to 31-03-2005.

(3.) Writ petitioner is a dealer engaged in the business of selling ice to fish vendors of the market in Alwaye. According to him, demand of Rs. 5/- per ice block towards fee is illegal since mandatory procedure contemplated under the proviso to Clause 23 of the Notification was not followed before fixing the said fee.