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2020 Supreme(Online)(KER) 15871

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
V.F.PIOUS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.ASHIK K.MOHAMMED ALI, SMT.BINCY JOSE, SMT.SAJNA T.UMMER, SRI.S.SHANAVAS KHAN, SMT.S.INDU, SRI.M.R DHANIL, SRI.S.GOPINATHAN, SRI.T.R.RAJAN

J U D G M E N T

Dated this the 22nd day of October, 2020 These bunch of writ petitions are filed by traders who are operating businesses in the agricultural market established by the Government of Kerala at Maradu. They challenge the decision of the Maradu Municipality insisting on taking out licence from the Municipality under Section

447 of the Kerala Municipality Act, 1994.

2. The short issue in these cases is whether the traders in the agricultural market established by the Government required to have licence under Section 447 of the Kerala Municipality Act. The Government of Kerala, by an order, G.O.(Ms).No.117/99/AD, dated 17.4.1999, decided to establish agricultural markets, at different places under the project called, “Kerala Agricultural Markets Project”. The decision was so taken in the light of the agreement W.P.(C).No. 31379/2014, 6064/2016, 35193/2016, 36042/2016 & 36693/2016 executed between the Government of India with the European Union, for financial assistance. Annexure-II to the above government order refers to Market Rules and Regulations. It is appropriate to refer the relevant Rules and Regulations in the Government Order.

16. The market Authority shall have the

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