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2015 Supreme(Ker) 350

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.
KARTHIGESU.K., PROPRIETOR AND ORS. – Petitioner
Vs.
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOOD CIVIL SUPPLIES DEPARTMENT AND ORS. – Respondent
W.P.(C)Nos.28902 & 30763 of 2013 & 31120 and 31819 of 2014
Decided On : 20.05.2015

Advocates Appeared:
For the Appellant : SRI.C.S.AJITH PRAKASH, SRI.PAUL C THOMAS
For the Respondent: SPL.GOVERNMENT PLEADER SRI.C.S.MANILAL

Headnote:

Kerala Food Stuffs (Display of Prices by Catering Establishments) Order 1977 - Clauses 3, 4 and 5 - Seeking a writ of certiorari to quash price list published by District Collector, fixing the price of various food stuffs in hotels and restaurants in that district, during Sabarimala pilgrimage season (2013-14) - Sought declaration that, steps taken by District Administration to fix price of food stuffs in their hotels and restaurants, as evidenced by price list, and compulsion to display said price list by replacing existing price list exhibited in their hotels and restaurants is illegal, ultra vires, without jurisdiction and is in total disobedience - Held, Absence of an enabling provision for imposing such restrictions, it is impermissible for the District Administration to issue orders fixing the price of food stuffs in the hotels/restaurants in that district, during Sabarimala pilgrim seasons - Unless State applies its mind and brings in a legislation, which authorises restriction, thereby fettering the freedom of an entrepreneur - It is only desirable that, there should be some law which would save common man from unreasonable and arbitrary pricing of food stuffs by hotels and restaurants in State, by establishing a machinery for regulating prices of food stuffs, to ensure that consumers are not unjustly fleeced.

JUDGMENT :

W.P.(C).No.28902 of 2013 is filed by the Kerala Hotel and Restaurant Association, Pathanamthitta District Committee, along with persons who are engaged in the business of running hotels and restaurants at Pathanamthitta, Adoor and Panthalam in Pathanamthitta District, seeking a writ of certiorari to quash Ext.P20 price list dated 13.11.2013, published by the District Collector, Pathanamthitta, fixing the price of various food stuffs in the hotels and restaurants in that district, during the Sabarimala pilgrimage season (2013-14). They have also sought a declaration that, the steps taken by the District Administration to fix the price of food stuffs in their hotels and restaurants, as evidenced by Ext.P20 price list, and the compulsion to display the said price list by replacing the existing price list exhibited in their hotels and restaurants is illegal, ultra vires, without jurisdiction and is in total disobedience of the dictum laid down by this Court in the decisions reported in Kerala Hotel and Restaurant Association v. State of Kerala (2005 (4) KLT 497) and Kerala Hotel and Restaurant Association v. Thrissur District Consumer Disputes Redressal Forum (2012 (3) KLT 277).

2. W.P.(C)No.30763 of 2013 is filed by persons who are engaged in the business of running non-vegetarian hotels and restaurants in Thiruvalla Town in Pathanamthitta District, seeking a writ of certiorari to quash Ext.P12 proceedings dated 11.11.2013 of the District Collector, Pathanamthitta, fixing the price of food stuffs in the hotels and restaurants in that district during the Sabarimala pilgrimage season (2013-14) and Ext.P13 price list (same as Ext.P20 in W.P.(C).No.28902 of 2013) published by the District Collector, Pathanamthitta. They have also sought a declaration that the steps taken by the District Administration to fix the price of food stuffs in the non-vegetarian hotels run by the petitioners, as evidenced by Ext.P13 price list and the compulsion to display the said price list by replacing the existing price list is illegal, ultra vires, without jurisdiction and is in total disobedience of the dictum laid down by this Court in the decisions referred to above.

3. W.P.(C)No.31120 of 2014 is filed by the Kerala Hotel and Restaurant Association, Pathanamthitta District Committee, along with persons who are engaged in the business of running hotels and restaurants in Pathanamthitta District, seeking similar reliefs in respect of Ext.P29 price list dated 13.11.2014, issued by the District Collector, Pathanamthitta, fixing the price of various food stuffs in the hotels and restaurants in that district, during the Sabarimala pilgrimage season (2014-15).

4. W.P.(C)No.31819 of 2014 is filed by persons who are engaged in running hotels and restaurants at Adoor, Maramon, Kozhencherry, Mallappally, etc. in Pathanamthitta District, seeking similar reliefs in respect of Ext.P16 price list published by the District Collector, Pathanamthitta dated 13.11.2014 (same as Ext.P29 in W.P.(C)No.31120 of 2014), fixing the price of various foods stuff in the hotels and restaurants in that district, during the Sabarimala pilgrimage season (2014-15).

5. Since the issue raised in all these writ petitions is one and the same, they are disposed of by a common judgment, treating W.P.(C).No.28902 of 2013 as the main case.

6. The petitioners in these writ petitions are engaged in the business of running hotels and restaurants (both vegetarian and non-vegetarian) at various places in Pathanamthitta District. In W.P. (C).Nos.28902 of 2013 and 31120 of 2014, the Kerala Hotel and Restaurant Association, Pathanamthitta District Committee, is one among the petitioners. According to the petitioners, they are running their hotels/restaurants after obtaining sales tax registration, necessary licenses/permissions/consent from the local authorities and other statutory bodies and also license under the Food Safety and Standards Act, 2006. In their hotels/restaurants, the petitioners


















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