BENZIGAR HOSPITAL Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) In this petition it is necessary to consider and decide as to whether the Benzigar Hospital, Kollam requires a licence under S.284 of the Kerala Municipalities Act, 1960. In Chap. 12 dealing with "Licences and Fees", this S.284 has been substituted by Act 26 of 1972 with the heading "Industries, Factories and other Trades", Perusal of Ext. P1 - Demand Notice - Form "C", from Municipal Office, Kollam also refers "unauthorised trade conducted in building No. 14/405 as the subject matter of the demand made to the petitioner - Director, Benzigar Hospital, by communication dated November 16, 1990. Even subsequent communication Ext. P3 dated January 11, 1991 makes a demand for application for licence on the basis of resolution No. 16 passed in the meeting dated 25-7-1986 of the Municipal Council, Kollam (respondents Nos. 1 and 2), on the footing that canteens conducted in buildings fetching annual rental of more than Rs. 2500/-, licence fee of Rs.290/- has been so fixed for Benzigar Hospital Canteen and it has been so included in the demand as Charitable Institutions are not excluded from the said licence schedule. The monetary demand, as specified, is a consequence. Further communication - Ext. P5 dated November 4, 1993, of the Municipal Commissioner, Kollam (respondent No. 1) administers a veiled threat of all steps to shut down "the eating house". The material on record also places enough sensitiveness in the context.

(2.) It would, therefore, be necessary to put the factual spectrum as a Priorii and then to proceed to settle legal position to determine as to whether there is liability or not.

(3.) The petitioner is a private hospital run within Kollam Municipal limits registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and is functioning as such for the last over 45 years, with no profit motive for the betterment of humanity by its service orientation of a team of doctors and nursing staff. It is averred and not disputed that the hospital has a kitchen to provide prescribed diet to the in-patients and other inmates of the hospital and by-standers of the patients. It is averred that it is neither a hotel nor a restaurant and general public has no access. The petitioner is exempted from the purview of the Kerala Shops and Commercial Establishments Act, 1960. It is needless to state that under S.101(1)(cc) and (d) of the Kerala Municipalities Act there is exemption from the property tax, the petitioner being a charitable institution as a consequence.