Kerala High Court
Kochi Metro Rail Limited (Kmrl) vs The Aluva Municipality on 15 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
RP NO. 307 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 624/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
KOCHI METRO RAIL LIMITED (KMRL),
8TH FLOOR, REVENUE TOWER PARK AVENUE, COCHIN -682 011
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682011
BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
RESPONDENT/S:
1 THE KOCHI MUNICIPAL CORPORATION,
BOAT JETTY, ERNAKULAM 682022 REPRESENTED BY ITS
SECRETARY, PIN - 682022
2 THE SECRETARY
KOCHI MUNICIPAL CORPORATION, BOAT JETTY ERNAKULAM
682011, PIN - 682011
BY ADV K.JANARDHANA SHENOY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.03.2023, ALONG WITH RP.311/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P.nO.307/2023 & conn.case 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944
RP NO. 311 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 15503/2019 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
KOCHI METRO RAIL LIMITED (KMRL)
8TH FLOOR, REVENUE TOWER PARK AVENUE, COCHIN -682 011
(PRESENTLY AT 4TH FLOOR, JLN METRO STATION, KALOOR,
KOCHI-682017) REPRESENTED BY ITS MANAGING DIRECTOR.,
PIN - 682017
BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
RESPONDENT/S:
1 THE ALUVA MUNICIPALITY
ALUVA 683101 REPRESENTED BY ITS SECRETARY, PIN -
683101
2 THE SECRETARY
THE ALUVAMUNICIPALITY ALUVA 683101, PIN - 683101
3 THE REVENUE OFFICER
ALUVAMUNICIPALITY ALUVA 683101, PIN - 683101
BY ADV K.T.THOMAS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.03.2023, ALONG WITH RP.307/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
R.P.nO.307/2023 & conn.case 3
ORDER
[RP Nos.307/2023, 311/2023]
These review petitions are filed seeking a review of the common
interim order passed by this Court on 11.1.2023 in W.P.(C)Nos.15503/2019
and 624/2019. A reading of the order makes it clear that the Kochi
Municipal Corporation and the Aluva Municipality can collect tax only from
persons who are willing to remit the same and the same shall not be treated
as a condition for consideration of application for D & O licence. With the
above clarification, the review petitions are disposed of.
Sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF RP 311/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE LICENSE AGREEMENT NO.KMR-AR
56 DATED 1ST NOVEMBER 2019 ENTERED INTO WITH
ONE LICENSEE INSIDE THE ALUVA METRO STATION.
Annexure B TRUE COPY OF THE GOVERNMENT ORDER
GO(RT).NO.3361/2017/LSGD DATED 23.10.2017
Annexure C TRUE COPY OF THE QUERIES UNDER THE RIGHT TO
INFORMATION ACT ON 16.01.2019 AND THE
INFORMATION OBTAINED FROM THE 3RD RESPONDENT
ON 12.02.2019.
Annexure D TRUE COPY OF THE COMMUNICATION VIDE NO.R2-
R3/13074/18 DATED 15.02.2023 FORWARDED BY
THE 1ST RESPONDENT TO THE REVIEW PETITIONER.
Annexure E TRUE COPY OF THE JUDGMENT DATED 20.02.2023
IN WA.NO.400/2023 PASSED BY THIS HON'BLE
COURT.
APPENDIX OF RP 307/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE LICENSE AGREEMENT NO.KMR-AR
60 DATED 11.03.2020 ENTERED INTO WITH ONE
LICENSEE INSIDE THE ALUVA METRO STATION.
Annexure B TRUE COPY OF THE GOVERNMENT ORDER
GO(RT).NO.3361/2017/LSGD DATED 23.10.2017
Annexure C TRUE COPY OF THE JUDGMENT DATED 20.02.2023
IN WA.NO.397/2023 PASSED BY THIS HON'BLE
COURT.
Annexure D TRUE COPY OF THE INTIMATION VIDE NO.
ISO/CER6/5086/23 DATED 27.2.2023 ISSUED BY
THE REVENUE OFFICER, KOCHI CORPORATION TO
THE PETITIONER
Annexure E TRUE COPY OF THE INTIMATION VIDE NO.
ISO/CER6/5088/23 DATED 27.2.2023 ISSUED BY
THE REVENUE OFFICER, KOCHI CORPORATION TO
THE PETITIONER
Annexure F TRUE COPY OF THE INTIMATION VIDE NO.
ISO/CER6/5089/23 DATED 27.2.2023 ISSUED BY
THE REVENUE OFFICER, KOCHI CORPORATION TO
THE PETITIONER
