High Court Kerala High Court

Vijayakumar K.G vs Corporation Of Kochi on 28 February, 2007

Kerala High Court
Vijayakumar K.G vs Corporation Of Kochi on 28 February, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 5956 of 2007(H)


1. VIJAYAKUMAR K.G.,
                      ...  Petitioner

                        Vs



1. CORPORATION OF KOCHI,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.SAJEEV KUMAR K.GOPAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :28/02/2007

 O R D E R


                            PIUS C. KURIAKOSE,J.

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                            W.P.(C)No.5956 of 2007

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                           Dated: 28th February, 2007


                                    JUDGMENT

It is fairly conceded by the learned Standing Counsel for the

Kochi Corporation that the issue is covered by the judgment of this

court in Ernakulam District Private Bus Operators Association

v. State of Kerala (2006(3) KLJ 770). The relevant portion of the

judgment has been extracted in paragraph 3 of the Writ Petition. In

view of the obvious position that the petitioner’s bus having

Registration No.KL.07/AH 9890 does not start at any point within the

limits of the Kochi Corporation and it does not touch any bus-stand

established by the Kochi Corporation on its route and its service does

not end at a point within Cochin Corporation, there will be a

declaration that the petitioner’s bus having Registration No.KL.07/AH

9890 operating on the route Eramalloor-Chellanam is not liable to pay

bus stand fee/cart stand fee. In view of the above declaration, the

respondents/their agents/contractors are restrained from collecting

bus stand fee/cart stand fee in respect of the petitioner’s stage

carriage having Registration No.KL.07/AH 9890.

The Writ Petition will stand allowed as above.

srd                                         PIUS C.KURIAKOSE, JUDGE


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