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1985 Supreme(SC) 67

D.A.DESAI, A.N.SEN
City Corporation Of Calicut – Appellant
Versus
Thachambalath Sadasivan – Respondent


Judgment

DESAI, J. :- The respondents in these two appeals filed Original Petitions Nos. 2892-3073 of 1965 challenging the validity of the licence fee levied by the appellant The City Corporation of Calicut to be paid for use of the land or premises for soaking of coconut husks. The appellant. Corporation by its resolution dated January 25, 1963 levied licence fees in respect of various items set out in Schedule IV of the Calicut City Municipal Act, 1961 subsequently restyled as Kerala Municipal Corporation Act, 1964 (Corporation Act for short) including for use of premises and land for soaking coconut husks. The respondents are admittedly carrying on the trade of soaking coconut husks and they had not taken out a licence for carrying on the trade. The Commissioner of the appellant Corporation issued a notice to each of the respondents calling upon him to show cause why within three days of the receipt of the notice, the respondents should not be prosecuted for using premises for soaking coconut husks without obtaining a licence as required by law. The respondents challenged the validity and legality of the aforementioned notices issued by the Corporation and served upon them in the













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