M GOPALKRISHNAN Vs. COMMISSIONER CHALAKUDDY MUNICIPALITY CHALAKADDY

JUDGEMENT

(1.) The two petitioners have approached this Court in the matter of their licence relating to their canteen stalls and as a consequence allow them to continue their business after quashing the order (Ext. P9). They are the residents of Chalakkudy. It is averred that petitioner No. 1 is physically handicapped. They are running two canteen stalls attached to a theatre, 'Akkara Theatre' owned by a firm in the name and style of "Augesthya Corporation" represented in this petition by additional respondent No. 3 as the managing partner of the Corporation.

(2.) The canteen stalls are situated within the compound of the theatre. Petitioner No. 1 deals in cool drinks, cigarettes, pan etc. whereas petitioner No. 2 has a tea stall. It is averred that this Akkara Theatre was constructed 30 years ago. The present respondent No. 3 assumed ownership 20 years thereafter, approximately 10 years prior to the petition. It is also averred that earlier these stalls were conducted by one Sri Paul. When from 1983 onwards the above firm purchased the theatre, the petitioners continued running the stalls on monthly rent of Rs. 90/-. Their prospective customers are only cine-goers. It is averred that other than the cinema theatre, these stalls are not allotted separate numbers by the Chalakkudy Municipality. It is further averred that there is no separate electricity or water connection other than those provided to the theatre.

(3.) In addition, it is averred that right from the year 1983-84 onwards the petitioners have licences both under S.284 of the Kerala Municipalities Act as well as under the provisions of the Prevention of Food Adulteration Act, having been renewed periodically from year to year. It is averred that the purpose and name of the business shown in the licence is "Akkara Theatre Canteen" showing the building number as that of the theatre building. Right from the inception the Chalakkudy Municipality has issued receipts evidencing acceptance of licence fees from the petitioners, photostat copies of which are placed on record at Ext. P1, P1(a) to P1(i) as far as petitioner No. 1 is concerned and Exts. P2, P2(a) up to P2(h) as far as petitioner No. 2 is concerned. Perusal of these documents would substantiate the contention that Chalakkudy Municipality has issued official receipts to both the petitioners with regard to payment of licence fees as well as towards the Prevention of food Adulteration Act with regard to the property located at Akkara Theatre. Perusal of these documents would further show that these payments are received from time to time from 1983-84 continuously down to the year 1992-93 from both these petitioners.