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2022 Supreme(Ker) 385

P.V.KUNHIKRISHNAN
Dhanya C – Appellant
Versus
State of Kerala, Rep. by Secretary, Local Self Government Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: L.Rajesh Narayan
For the Respondent:Abraham K George, Advocate General Smt.Vidya Kuriakose, GP, Sri.R.T.Pradeep, SC, Smt.Sindhu Santhalingam,

JUDGMENT :

The main point to be decided in these writ petitions is whether a licence is necessary as per the Kerala Places of Public Resort Act, 1963 (for short, Act 1963) for starting and functioning a gymnasium. It is conceded by both sides in these cases that several gymnasiums are working in our state without getting licence as per the Act 1963. Gymnasium have become a holy places like temples, mosques, churches etc for the young and the older people alike in the current world. Going to the gym is taken as a credit by men and women of all age groups. That is a good signal for achieving a healthy world. But the atmosphere in a Gymnasium should be attractive, and it should function legally after obtaining all the statutory licences.

2. The above two writ petitions are connected and therefore I am disposing these writ petitions by a common judgment. I will narrate the facts in W.P.(C). No.22937 of 2021. The petitioners are aggrieved by the functioning of a fitness centre with the name and style 'High Power Multi Gym and Fitness Centre' without obtaining a licence from the 4th respondent Neyyattinkara Municipality. According to the petitioners, the gym has been functioning without li

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