IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 23^RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 WP(C) NO. 4465 OF 2022 PETITIONER:

PHILIP VARGHESE AGED 58 YEARS S/O. M.M.VARGHESE, 07/202, ENNAKIDANG, ANCHUTHENGU, NEAR ST.PETER'S CHURCH, KADAKKAVOOR, THIRUVANANTHAPURAM-695309.

BY ADVS. V.HARISH RAJAN VISHNURAJ RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

3 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM-695001.

4 THE SINGLE WINDOW CLEARANCE BOARD, DISTRICT INDUSTRIES CENTRE (DIC), WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS CONVENER.

5 ANCHUTHENGU GRAMA PANCHAYAT, ANCHUTHENGU P.O., THIRUVANANTHAPURAM-695309, REPRESENTED BY ITS SECRETARY.

6 THE SECRETARY, ANCHUTHENGU GRAMA PANCHAYAT, ANCHUTHENGU P.O., THIRUVANANTHAPURAM-695309.

SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 23^rd day of February, 2022 This writ petition is filed seeking a declaration that the Rule 25 of the Kerala Panchayat Raj (Issuance of License and Control of Private and Public Markets) Rules, 1996 (hereinafter referred as ‘the 1996 Rules’) is not applicable to the petitioner's shop while considering Ext.P2 application under the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019. The petitioner also seeks a direction to the 4^th respondent to process Ext.P2 application and to grant acknowledgment certificate for operation of a shop for sale of fish and also for a consideration of Ext.P7 representation submitted by the petitioner.

2. The learned counsel for the petitioner submits that the petitioner had submitted Ext.P2 application for opening a shop for the sale of fish in Anchuthengu, Thiruvananthapuram. It is submitted that all necessary documents including sanitary fitness certificate and integrated consent to operate from the Pollution Control Board had been produced by the petitioner. However, by Ext.P6, the 3^rd respondent had issued a communication to the 2^nd respondent stating that since there is already another licensed fish market in the Panchayat operated by Mr.Joshy Joseph and the same is only 50m away from the petitioner's proposed premises, there is a requirement for an amendment to the 1996 Rules before the petitioner’s application can be favourable considered. The learned counsel for the petitioner submits that the petitioner is not seeking to open a fish market and his application is specifically to open a shop for the sale of fish. It is submitted that the application as well as the connecting documents would clearly show this. It is further submitted that it is only for the operation of two fish markets within the same Grama Panchayat that the distance as provided in the Rules applies and that the contention of the respondents that there has to be a distance as provided in the Rules between two shops selling fish is completely untenable.

3. It is submitted by the learned Government Pleader that the Secretary has reported that the application submitted by the petitioner is specifically for the opening of an establishment to be called ‘P V open fish market’. The respondents had considered the application in terms of the 1996 Rules, which is the reason for the issuance of Ext.P6 communication.

4. The learned counsel for the petitioner has taken me to the definition of market under Section 2(xxiii) of the Kerala Panchayat Raj Act defines market as follows:

“market means any place set apart for ordinarily or periodically used for the assembling of persons for the sale or purchase of grain, fruits, vegetables, meat, fish or other perishable articles of food or for the sale,