KERALA HIGH COURT
A, J
Secretary Neyyattinkara Municipality v. Roy
| Table of Content |
|---|
| 1. licensing requirements for gymnasiums. (Para 1 , 2 , 5) |
| 2. regulatory provisions under municipal act. (Para 3 , 4 , 6 , 7) |
| 3. modification of prior judgment regarding licenses. (Para 8) |
1. The point of law involved in these appeals at the instance of the Neyyattinkara Municipality is whether an owner of gymnasium / health club / fitness centre is required to obtain a licence under the Kerala Places of Public Resort Act, 1963 (for short, "Act 40 of 1963") over and above the licence obtained under S.447 of the Kerala Municipality Act, 1994 (for short, "the Municipality Act").
2. The learned Single Judge was of the view that licence is required under both the enactments. (Ed. Note : Please See 2022 (4) KLT 437 = 2022 (4) KLT OnLine 1002 - Dhanya v. State of Kerala) Aggrieved by this, the Neyyattinkara Municipality has come up in these appeals. We are not adverting to the facts leading to the issue for the obvious reason that now what is to be decided in these appeals is only a point of law.
3. The Municipality Act is a replacement of earlier enactments relating to Municipalities and Municipal Corporations. S.447 of the Municipality Act provides that no place within th
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