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2026 Supreme(Online)(Ker) 32435

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Kerala Private Transport Operators Association – Appellant
Versus
Kottayam Municipality – Respondent


Advocates:
For the Appellants/Petitioners: M.Gopikrishnan Nambiar, E.K.Nandakumar, K.John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Nayanpally Ramola, Akhila Nambiar
For the Respondents: Ajit Joy

Table of Content
1. challenge to municipal stop memos regarding licensing of a consumer pump outlet. (Para 1 , 3)
2. interpretation of 'service' under s.447 of the kerala municipality act, 1994. (Para 4 , 5)

JUDGMENT

The petitioner is stated to be an association of private bus transport operators owning and operating private buses. The petitioner contends that for the benefit of its members, it established a petroleum outlet – consumer pump within the jurisdiction of the respondent Municipality. The petitioner contends that the respondent Municipality has issued a stop memo -Ext.P4, followed with Ext.P5, informing that unless and until a licence in accordance with the provisions of the Kerala Municipality Act, 1994 (for short’ ‘the Act’) and the Rules thereunder, and the Schedule under the provisions of Section 447 is obtained, the petitioner would not be entitled to continue with the outlet as above. It is seeking to challenge Exts.P4 and P5 issued as above, that the captioned writ petition has been filed.

2. Heard Sri.E.K.Nandakumar, the learned Senior Counsel instructed by Smt.Akhila Nambiar, the learned counsel for the petitioner, as well as Sri.Ajit Joy, the learned Standing Couns

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