Kerala High Court
Trichur District Transport Operators ... vs Municipal Council on 6 November, 2020
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942
WP(C).No.38991 OF 2018(Y)
PETITIONERS:
1 TRICHUR DISTRICT TRANSPORT OPERATORS ASSOCIATION
CHALAKUDY - 680 307, REPRESENTED BY ITS PRESIDENT
P.V.ANTONY, S/O.VAREETH, AGED 78 YEARS, RESIDING AT
PAREKADAN HOUSE, VETTUKADAVU ROAD, CHALAKUDY -
680307.
2 A.T.SHIBU
AGED 42 YEARS
S/O.THOMMANKUTTY, AUTOKARAN HOUSE, KANAKAMALA P.O. -
680 689, VICE PRESIDENT OF TRICHUR DISTRICT TRANSPORT
OPERATORS ASSOCIATION, CHALAKUDY - 680 307.
3 P.P.JOHNSON
AGED 58 YEARS
S/O.POULOSE, PAYYAPILLI HOUSE, MURINGOOR, KINFRA PARK
- 680 307, SECRETARY OF TRICHUR DISTRICT TRANSPORT
OPERATORS ASSOCIATION, CHALAKUDY - 680 307.
4 V.T.PAULY
AGED 38 YEARS
S/O.THOMAS, VADAKKAN HOUSE, VELLIKULANGARA P.O. - 680
693, JOINT SECRETARY OF TRICHUR DISTRICT TRANSPORT
OPERATORS ASSOCIATION, CHALAKUDY - 680 307.
5 M.D.VARGHESE
AGED 45 YEARS
S/O.DEVASSY, MALPAN HOUSE, MELOOR P.O. 680 311,
TREASURER OF TRICHUR DISTRICT TRANSPORT OPERATORS
ASSOCIATION, CHALAKUDY - 680 307.
BY ADV. SRI.S.R.DAYANANDA PRABHU
RESPONDENTS:
1 MUNICIPAL COUNCIL, CHALAKUDY,
CHALAKUDY - 680 307, REPRESENTED BY ITS SECRETARY.
2 THE ASSISTANT EXECUTIVE ENGINEER,
ELECTRICAL MAJOR SECTION, KERALA STATE ELECTRICITY
BOARD, CHALAKUDY - 680 307.
WP(C).No.38991 OF 2018(Y)
2
3 P.J.JOSHY
S/O.JACOB, AGED ABOUT 55 YEARS, PAZHYIL HOUSE,
KORATTY - 680 308.
4 ADDL.R4 LISON JOHN
S/O. JOHN, MADANI HOUSE, PULLUR P.O., CHALAKKUDY -
680 683
5 ADDL.R5 M.V.SABU
S/O.VARGHESE, MALIAKKAL HOUSE, NALUKETTU P.O.,
CHALAKKUDY-68038. (ADDL.R4 AND R5 ARE IMPLEADED AS
PER ORDER DATED 17/12/2018 IN IA.NO.01/2018 IN WPC)
6 ADDL.R6 K. MOHANAN
AGED 65 YEARS
S/O GOPALAKRISHNAN NAIR KANAGAPARAMBIL, MURINGOOR PO,
REPRESENTED BY ITS PRESIDENT TRICHUR DISTRICT,
PRIVATE BUS OPERATORS ASSOCIATION, WEST PALACE ROAD,
THRISSUR-20. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED
17/12/2018 IN IA.NO.02/2018 IN WPC)
R1 BY SRI.M.P.ASHOK KUMAR,SC,CHALAKUDY MUNICI
R2 BY ADV. SRI.A.ARUNKUMAR
R3 BY ADV. SRI.STALIN PETER DAVIS
R4-5 BY ADV. K.V.GOPINATHAN NAIR
R6 BY ADV. SAMSON THOMAS DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.38991 OF 2018(Y)
3
W.P.(C) No.38991 of 2018
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JUDGMENT
The learned counsel for the petitioners submits that the writ petition is not pressed. In the light of the submission made by the learned counsel for the petitioners, this writ petition is dismissed as not pressed.
Sd/-
P.B.SURESH KUMAR JUDGE WP(C).No.38991 OF 2018(Y) 4 APPENDIX OF WP(C) 38991/2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER DT.23/07/1993 ISSUED BY 1ST RESPONDENT.
EXHIBIT P2 TRUE COPY OF LICENCE DEED DT.20/7/1997 EXECUTED BY ASSOCIATION.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DT.7/8/2002 IN OP(C) NO.19634/2000 OF THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DT.5/12/2007 IN WP(C) NO.36063/2004 OF THIS HON'BLE COURT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DT.15/1/2009 IN WP(C) NO.33053/2008 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13658/2009 OF THIS HON'BLE DT.26/9/2018.
EXHIBIT P7 TRUE COPY OF THE MINUTES OF THE MEETING DT.22/1/2012 OF THE ASSOCIATION.
EXHIBIT P7 A LEGIBLE TYPED TRUE COPY OF EXT.P7 DT.22/1/2012.
EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE MEETING OF THE ASSOCIATION DT/12/1/2012.
EXHIBIT P8 A LEGIBLE TYPED TRUE COPY OF EXT.P8 DT.22/1/2012.
EXHIBIT P9 TRUE COPY OF LETTER DT.25/2/2011 ISSUED BY 1ST PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF ACKNOWLEDGMENT NO.3074 DT.28/2/2011 ISSUED BY 1ST RESPONDENT.
EXHIBIT P11 TRUE COPY OF LETTER DT.26/7/2012 ISSUED BY BUS OPERATORS ORGANISATION, CHALAKUDY UNIT.
EXHIBIT P12 TRUE COPY OF LETTER DT.31/10/2018 PRODUCING CERTIFIED COPY OF EXT.P6 JUDGMENT.
EXHIBIT P13 TRUE COPY OF RECEIPT NO.19719 DT.2/11/2018 ACKNOWLEDGING EXT.P12 BY 1ST RESPONDENT. WP(C).No.38991 OF 2018(Y) 5 EXHIBIT P14 TRUE COPY OF REPRESENTATION DT/23/11/2018 REQUESTING TO PUT PETITIONERS IN POSSESSION OF THE ROOM.
EXHIBIT P15 TRUE COPY OF COVERING LETTER DT.6/4/2013 ISSUED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT TOWARDS LICNCE FEE FOR THE PERIOD 2013-14.
EXHIBIT P16 TRUE COPY OF COVERING LETTER DT.31/3/2014 ISSUED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT TOWARDS LICENCE FEE FOR THE PERIOD 2014-15.
EXHIBIT P17 TRUE COPY OF COVERING LETTER DT.28/2/2015 ISSUED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT TOWARDS LICENCE FEE FOR THE PERIOD 2015-16.
EXHIBIT P18 TRUE COPY OF COVERING LETTER DT.26/2/2016 ISSUED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT TOWARDS LICENCE FEE FOR THE PERIOD 2016-17.
EXHIBIT P19 TRUE COPY OF INTERIM ORDER DT.12/6/2009 IN WP(C) NO.13658/2009 OF THIS HON'BLE COURT.
EXHIBIT P20 TRUE COPY OF REPRESENTATION DT.23.11.2018 SUBMITTED BY 1ST PETITIONERS TO THE 1ST RESPONDENT.
EXHIBIT P21 TRUE COPY OF REPRESENTATION DT.23.11.2018.
EXHIBIT P22 TRUE COPY OF REPRESENTATION DT.23.11.2018 TO THE 2ND RESPONDENT WITH A REQUEST TO TRANSFER THE ELECTRIC CONNECTION TO THE PRESENT PRESIDENT.
//TRUE COPY// PA TO JUDGE