PERUMBAVOOR MERCHANTS ASSOCIATION Vs. PERUMBAVOOR MUNICIPAL COUNCIL

JUDGEMENT

(1.) This writ petition has been filed by the Perumbavoor Merchants' Association represented by its Secretary, and seeks a declaration that the respondents have no right to require the merchants dealing in piece goods within the Municipality to take out licences for the same or to levy any licence fee from them; and an order directing the respondents to refund the licence fees illegally collected by them from the said merchants. The respondents are the Perumbavoor Municipal Council and the Commissioner of the Municipality.

(2.) A preliminary objection has been raised on behalf of the respondents that this writ petition is not maintainable by or at the instance of an association of persons. It is stated in the petitioner's affidavit that the Association is registered under the Travancore - Cochin Literary Scientific and Charitable Societies Registration Act 12 of 1953, that the Association is formed for safeguarding and promoting the rights of the merchants of Perumbavoor and for protecting their interests and welfare. Para.4 of the affidavit states that the merchants selling piece goods within the Perumbavoor Municipality and who are members of the Association were required to take out licences for the purpose and threatened with coercive steps on default. The frame of the petition is clear that the rights agitated by the Association are the personal and individual rights of merchants of Perumbavoor.

(3.) In Calcutta Gas Company (Proprietary) Ltd. v. State of West Bengal ( AIR 1962 SC 1044 ) speaking with reference to Art.226 of the Constitution, the Supreme Court observed: