The operation of a consumer pump providing services, even if limited to members of an association, requires a license under S.447 of the Kerala Municipality Act, 1994, as it falls under the purview of providing services regulated by the local authority.

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 Counsel for the respondent.

3. While admitting the writ petition, all further proceedings pursuant to Exts.P4 and P5 were stayed by this Court.

4. The learned Senior Counsel for the petitioner would invite the attention of this Court to the provisions of Section 447 of the Act and contend that, insofar as the petitioner has established the outlet only for the benefit of the members of the petitioner association, no licence is required, since there is no sale effected to any third party. Therefore, according to him, the activity is not attracted by virtue of provisions of Section 447, on account of which even the schedule relied on by the learned counsel for the respondent Municipality is also not applicable.

5. However, the learned Standing Counsel for the respondent brought to the notice of this Court the presence of the word “service” in Section 447 to contend that even if no outright sale is affected, since admittedly a service is provided, licence is required. However, it is fairly pointed out by the learned Senior Counsel that the petitioner is ready and willing to file an appropriate application seeking a licence in accordance with the provisions of the Act within a time frame.

In view of the afore, this writ petition would stand disposed of as under:-

i. The petitioner to file appropriate application within a period of four weeks from today, seeking for issue of licence under the Act.

ii. If such an application is being filed, the respondent to consider the same and pass appropriate orders, in accordance with law, within a further period of four weeks thereafter.

iii. Till the final disposal of the application as above, the interim protection granted by this Court to continue.