EXECUTIVE OFFICER ATHOLI PANCHAYAT Vs. SREEDHARAN

JUDGEMENT

(1.) all these appeals the Executive Officer, Atholi Panchayat, is the appellant. The respondents in these appeals are ration shop dealers having ration shops within the jurisdiction of the appellant Panchayat. They were served with a notice under S.96 of the Kerala Panchayat Act, 1960 demanding them to take licence for conducting ration shops. The respondents did not comply with the request made by the Panchayat and they were prosecuted for violation of S.96 and 97 of the Kerala Panchayats Act. The respondents were tried before the Judicial First Class Magistrate's Court Quilandy and the learned Magistrate acquitted all of them stating that they are entitled to get exemption under S.110 of the Act. Aggrieved by the Trial Court's judgment these appeals have been filed.

(2.) The respondents are authorised retail ration dealers and they have been given authorisation for conducting ration shops in the buildings specified by the Kerala rationing authorities as per the provisions of the Kerala Rationing Order, 1966. They have also been given permission to conduct ration shops as per the provision of the Kerala Food Grain Dealers Licensing Order, 1967. Admittedly these respondents have not taken licence as per the provisions of the Kerala Panchayats (Licensing of Dangerous and Offensive Trades and Practices) Rules, 1963.

(3.) The learned counsel for the respondents Shri Samuel contended that the respondents have been conducting the ration shop in the buildings specified by the Government and they have been given orders of appointment as authorised retail distributors under Clause.44B of the Kerala Rationing Order, 1960, and therefore the place of business of the respondents is under the control of the State Government and so S.110 has no application. I am unable to accept this contention. It is true that the respondents are conducting business in a building which is approved by the concerned department of the State Government. This approval is given since the retail dealer is expected to store the food stuffs in hygienic condition and he could not be allowed to keep the food stuff in a damp or obnoxious place. The building is under the control of the ration shop dealer and is in no way under the occupation or control of the State Government. The fact that the officials of the State Government have got authority to come and inspect the ration shop does not in any way mean that they have got control over the place of business. Therefore, the ration shops where the respondents are doing their business are not exempted under S.110 of the Kerala Panchayats Act.