Kerala High Court
Kvves,Varapuzha Unit vs State Of Kerala on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 8361 OF 2010
PETITIONER/S:
1 KVVES,VARAPUZHA UNIT, MEMBER NO 99),
VYAPARABHAVAN, VARAPUZHA 683 517, REP BY ITS
GENERAL SECRETARY A.K.PIEOUS, AGE 51,
S/O.A.K.KUNJITHOMA AMBALATHINGAL HOUSE.
2 T.V.THOMAS, S/O T.T.VARGHESE, AGED 64,
THARAVUNGAL HOUSE,THUNDATHANKADAVU,VARAPUZHA PO.
BY ADVS.DINESH R.SHENOY
G.HARIKRISHNAN (TRIPUNITHURA)
MAHESH MENON
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT
HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM.
3 VARAPUZHA GRAMA PANCHAYATH,
VARAPUZHA, REPRESENTED BY ITS SECRETARY.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 8361 of 2010
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 8361 of 2010 -U
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Dated this the 30th day of September, 2021
JUDGMENT
The above writ petition is filed with following reliefs:
(a) A declaration that the schedules to Exhibit 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 Exhibit P6
Government Order dated 19.1.2009 issued by
the first 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
Exhibit P3 Rules and Exhibit 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
W.P.(C). No. 8361 of 2010
proper in the facts and circumstances of the
case."
2. Today, when the matter came up for consideration
the learned counsel for the respondents submitted that the
point raised in this writ petition is squarely covered as per
judgment dated 10.03.2017 in W.P.(C) No.12727 of 2007.
The learned counsel for the petitioner submitted that the
reliefs granted in paragraph 18 of the judgment may be
extended to the petitioners.
3. I think the same can be granted to the petitioners as
well.
Therefore, this writ petition is disposed of in tune with
the judgment dated 10.03.2017 in W.P.(C) No.12727 of 2007.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 8361 of 2010
APPENDIX OF WP(C) 8361/2010
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
25.2.2010 EVIDENCING PAYMENT OF PFA
LICENSE FEES BY THE 2ND PETITIONER FOR
THE YEAR 2009-1010 BY THE SECRETARY OF
THE 2ND PETITIONER
Exhibit P5(A) TRUE PHOTOCOPY OF THE RECEIPT DATED
3.3.2009 EVIDENCING PAYMENT OF PFA
LICENSE FEES BY THE GENERAL SECRETARY
OF THE 1ST PETITIONER FOR THE YEAR
2009-2010
Exhibit P6 TRUE TYPED COPY OF GOMS NO15.8. H2 F
&WD DATED 9.1.2009 ISSUED BY THE FIRST
RESPONDENT
Exhibit P7 TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 23.2.2010 IN WPC NO 5943/2010
