ALUVA MUNICIAPALITY Vs. KUNHU MOHAMMED

JUDGEMENT

(1.) Alwaye Municipality is the appellant. The respondent who has taken Stall No. 128 has challenged Est. P7 notice. As per Ext. P7 respondent was informed that he had not paid fee as provided under S.295(2) of the Kerala Municipalities Act and hence the application for allotment of stall No. 128 for the year commencing from 1-4-1993 cannot be allowed. Respondent's contention is that he is not liable to pay additional fee as demanded by the appellant under S.295(2) of the Act as he was all along paying rent for the stall.

(2.) In the counter affidavit filed by the appellant it is stated that the respondent was paying rent from month to month at the rate of Rs. 687/- during 1992-93, that the licence was not renewed for 1993-94, that respondent's request for exempting his stall from payment of fee was not acceded to by the appellant and that his request for continuance of his occupation of the stall beyond 31-3-1993 was declined as he had not paid the fee demanded under S.294(2) of the Act.

(3.) Contention of the respondent is that he is not liable to pay any additional fee under S.295(2) and hence refusal to renew the licence on that ground is illegal. Admittedly the respondent was the licensee of Stall No. 128 till 31-3-1993. Respondent's application for renewal was rejected and Ext. P7 order was passed on the ground that he refused to pay fee under S.295(2). His contention is that he being already in occupation of the stall as a licensee under the appellant is not bound to pay any additional fee as demanded under S.295(2). Respondent's counsel submitted that as the respondent is already in possession of the stall and as he is legally entitled to sell fowls in the stall and as the agreement does not enable the appellant to charge any fee for conducting trade in the stall the latter cannot claim any fee under S.295(2).