Yamaha Sub Dealers Association Of ... vs State Of Kerala on 5 May, 2016

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Kerala High Court

Yamaha Sub Dealers Association Of ... vs State Of Kerala on 5 May, 2016

Bench: Shaji P.Chaly

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

   THURSDAY, THE 14TH DAY OF JULY 2016/23RD ASHADHA, 1938

                WP(C).No. 23560 of 2016 (T)
                ----------------------------

   PETITIONER(S):
   -------------

       1. YAMAHA SUB DEALERS ASSOCIATION OF KERALA
          A SOCIETY REGISTERED UNDER THE TRAVANCORE-COCHIN
           LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES ACT,
           1955 AND HAVING ITS REGISTERED OFFICE AT
          "PARIJATHAM", CHITHIYOORKODU, KOLLODE POST,
          THIRUVANANTHAPURAM-695571.
          REP. BY ITS SECRETARY, RAKESH ROSHAN

       2. K. MOHANAN NAIR, ADITHYA YAMAHA,
          TC 1/1854-1, OPPOSITE AL SAJ HOTEL,
          KAZHAKOOTAM POST, THIRUVANANTHAPURAM.695582.

          BY ADVS.SRI.K.K.DHEERENDRAKRISHNAN
                  SRI.N.KRISHNA PRASAD

   RESPONDENT(S):
   --------------

      1. STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          MOTOR VEHICLES DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

      2. THE TRANSPORT COMMISSIONER,
          TRANS TOWERS, OPPOSITE WOMENS COLLEGE,
          VAZHUTHACAD, THIRUVANANTHAPURAM.

          R1 & R2 BY SENIOR GOVERNMENT PLEADER
                              SMT. K.A. SANJEETHA

     THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR
     ADMISSION ON 14-07-2016,THE COURT ON THE SAME
     DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23560 of 2016 (T)
----------------------------

                           APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

P1:       TRUE COPY OF THE CIRCULAR DATED 05.05.2016 ISSUED BY
          THE SECOND RESPONDENT.

P2:        TRUE COPY OF THE JUDGMENT DATED 2.6.2016 IN WRIT
          PETITION (CIVIL) NO.17165/2016.

P3:        TRUE COPY OF THE PRESS NOTE DATED NIL ISSUED BY THE
          SECOND RESPONDENT.

RESPONDENT(S)' EXHIBITS   :          NIL.


                                          //TRUE COPY//



                                          P.A. TO JUDGE

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                   SHAJI P. CHALY, J.
                ----------------------------
              W.P.(C). No. 23560 of 2016
         ----------------------------------------
          Dated this the 14th day of July, 2016


                       JUDGMENT

As per Ext.P2 judgment rendered by this Court in W.P.(C) No.17165/2016 and connected cases quashed Circular No.03/2009 being unconstitutional and against the provisions of the Motor Vehicles Act and relevant Rules.

2. The grievance expressed by the petitioner in this writ petition is that, in spite of quashment of Circular No.03/2009, the second respondent has issued Ext.P3 stating that other orders issued subsequent to Circular No.03/2009 is in force. One of the petitioners in the captioned writ petition has filed a contempt against a similar order passed by the second respondent. However, on the basis of a suo motu amendment of the judgment, the contempt petition was closed.

3. Today, when the matter is taken up for W.P.(C). No. 23560 of 2016 2 hearing, learned Government Pleader submitted that, in view of the amendment made to the judgment, Ext.P3 will not be executed by the second respondent. The said submissions made by learned Government Pleader is recorded and the writ petition is closed, accordingly.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY, JUDGE dlk/14/7/

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