THE GENERAL MANAGER Vs. THE HEALTH INSPECTOR

JUDGEMENT

(1.) The petitioner is the General Manager of a textile mill by name 'Vijayamohini Mills', at Thiruvananthapuram. Now, the said Mill is a unit of National Textile Corporation Limited; but, originally, it was a public limited company. In the year 1974, the Central Government promulgated the Sick Textile Undertakings (Nationalisation) Act 1974(hereinafter referred to as 'the Act'). According to Section 3(1) of the Act, the Central Government acquired right of owners in respect of sick textile undertakings; but, as per Section 3(2) of the Act, every sick textile undertakings, which stands vested in the Central Government, by virtue of sub -section (1) of Section 3 of the Act shall immediately, after it has so vested, stand transferred to and vested in, the National Textile Corporation. Thus, as per Section 3(2) of the Act, the above Mill stood transferred and vested in the National Textile Corporation. While so, the 1st respondent issued Ext.P1

(2.) notice to the petitioner, alleging that the Mill was being run without licence envisaged under Section 447 of the Kerala Municipality Act, 1994 (hereinafter referred to as 'the Municipality Act') and invoking Sections 532(1), 511 and 545 of the Municipality Act, the petitioner was required to pay penalty and to undergo prosecution and closure of the Mill, if the licence is not taken. According to the petitioner, the petitioner is not liable to take licence from the 1st respondent Corporation, as the petitioner is exempted from taking licence under Section 442 of the Municipality Act. With this pleading, this Writ Petition has been filed with a prayer to call for all the records leading to Ext.P3 and quash the same.

(3.) Heard Shri P. Ramakrishnan, the learned counsel for the petitioner and Shri N. Nandakumara Menon, the learned Senior Counsel appearing for the respondents.