Kvves Pulikkunnu Unit vs State Of Kerala
2021 Latest Caselaw 20463 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                      WP(C) NO. 7571 OF 2010
PETITIONER:

            KVVES PULIKKUNNU UNIT, REG.NO.152/98
            MUNDAKKAYAM GRAMA PANCHAYATH, REP. BY ITS, GENERAL
            SECRETARY, P.K. RAVEENDRAN,, PUTHOOPEDEETTATHIL,
            PULIKKUNNU,, KARINILAM.P.O.
            BY ADVS.
            SRI.DINESH R.SHENOY
            SRI.G.HARIKRISHNAN TRIPUNITHURA
            SRI.MAHESH MENON

RESPONDENTS:

    1       STATE OF KERALA
            REP. BY THE SECRETARY,, LOCAL SELF GOVERNMENT
            DEPARTMENT,, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM.
    2       THE SECRETARY TO GOVERNMENT
            HEALTH & FAMILY WELFARE DEPARTMENT,, GOVERNMENT
            SECRETARIAT,, THIRUVANANTHAPURAM.
    3       MUNDAKKAYAM GRAMA PANCHAYATH
            MUNDAKKAYAM, REP. BY ITS SECRETARY,, MUNDAKKAYAM
            GRAMA PANCHAYATH,, MUNDAKKAYAM.P.O.
            BY ADV SRI.P.BABU KUMAR

OTHER PRESENT:

            SMT.RASHMI.K.M, SR.GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.7571/2010

                                     2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                     W.P.(C).No.7571 of 2010
              ----------------------------------------------
            Dated this the 01st day of October, 2021


                              JUDGMENT

This writ petition is filed with following prayers:

(a). A declaration that the schedules to Ext.P3 are in the nature of imposition of tax and ultravires the powers of the first respondent and hence illegal, unconstitutional and unenforceable.

(b). A writ of certiorari quashing Ext.P6 Government Order dated 09.01.2009 issued by the 1 st respondent.

(c). Issue a writ in the nature of prohibition or any other appropriate writ, order or direction, restraining the respondents from implementing or enforcing the schedules of Ext.P3 Rules and Ext.P6 Government Order and/or from taking coercive measures for non compliance thereof in any manner.

(d). Grant such other reliefs as are deemed fit and proper in the facts and the circumstances of the case.

2. Today, when this writ petition came up for

consideration, the Government Pleader submitted that the

matter is covered by the judgment of this Court dated W.P.(C).No.7571/2010

10.03.2017 in W.P.(C).No.12727 of 2007 and other connected

cases. The counsel for the petitioner submitted that the

reliefs granted in paragraph 18 of the above judgment may be

extended to the petitioner also.

After hearing both sides, this writ petition is closed in

tune with the judgment dated 10.03.2017 in W.P.(C).No.12727

of 2007.

sd/-

                                      P.V.KUNHIKRISHNAN
JV                                           JUDGE
 W.P.(C).No.7571/2010





                 APPENDIX OF WP(C) 7571/2010

PETITIONER EXHIBITS
Exhibit P1        TRUE PHOTOCOPY OF THE UNIT OF MEMBERS
                  OF THE PETITIONER
Exhibit P2        TRUE PHOTOCOPY OF KPFA RULES, 1957
Exhibit P3        TRUE PHOTOCOPY OF KPFA RULES, 2007
Exhibit P4        TRUE PHOTOCOPY OF LETTER DATED
                  27.7.2009 ISSUED BY THE FIRST
                  RESPONDENT
Exhibit P5        TRUE PHOTOCOPY OF THE RECEIPT DATED

29.10.2009 EVIDENCING PAYMENT OF PFA LICENSE FEES FOR THE YEAR 2009-2010 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE PHOTOCOPY OF GOMS NO.15/08/H2 FWD DATED 9.1.2009 ISSUED BY THE FIRST RESPONDENT Exhibit P7 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 23.02.2010 IN WPC 5943/2010