The High Court dismissed a writ petition challenging the enhancement of parking fees to Rs.7 by the Cherenalloor Panchayat. The court held that the fee enhancement was based on valid rules and that amenities were provided, rejecting the claim of lack of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933
WP(C).No. 11785 of 2007(C)
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PETITIONER
PRIVATE BUS OPERATORS ASSOCIATION CC 47/551, CHITTOOR REGION, CHITTOOR TEMPLE ROAD (O.A.SREEKRISHNA BUILDING), KOCHI- 682 027, REP.BY ITS SECRETARY, P.K.NANDANAN.
BY ADV. SRI.RAJESH VIJAYAN
RESPONDENTS:
BY ADV. SRI.S.SHANAVAS KHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11785 of 2007(C)
APPENDIX
PETITIONER'S EXHIBITS
| EXT.P1 | : | TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE CHERANELLOOR GRAMA PANCHAYAT. |
|---|---|---|
| EXT.P2 | : | TRUE COPY OF THE APPLICATION DATED 10.06.2006 SUBMITTED BY THE PETITIONER ASSOCIATION. |
| EXT.P3 | : | TRUE COPY OF THE JUDGMENT DATED 01.09.2006 IN W.P.(C)NO.23859/2006 BY THIS HON'BLE COURT. |
| EXT.P4 | : | TRUE COPY OF THE NOTICE DATED 2.12.2006 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P5 | : | TRUE COPY OF THE REPRESENTATION DATED 15.1.2007 PREFERRED BY THE PETITIONER ASSOCIATION. |
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 11785 OF 2007
Dated this the 5th September , 2011
J U D G M E N T
The petitioner is stated as aggrieved of the 'parking fees'
sought to be realised by the Grama Panchayat by enhancing the same from the then existing amount of Rs.2/- to Rs.7/-. The case of the petitioner is that, there is no rhyme or reason for the enhancement; more so, when no amenities are being actually extended by the respondent/ Panchayat. It is in the said circumstance that a direction has been sought for to be given to the second respondent to pass fresh orders, after considering the
grounds raised in the appeals preferred by the members of the association and also for an opportunity of hearing.
2
W.P.(C) No. 11785 OF 2007
the last posting in April, 2007 and the matter stands still to be admitted.
This Court does not find any merit in the writ petition.
W.P.(C) No. 11785 OF 2007
3
Interference is declined and the same is dismissed accordingly.
P.R. RAMACHANDRA MENON, JUDGE.
lk
1 issue framed by the court
Whether the High Court should interfere with the enhancement of parking fees from Rs.2 to Rs.7 by the Grama Panchayat despite the petitioner's claim of lack of amenities.
PRIVATE BUS OPERATORS ASSOCIATION CC 47/551, CHITTOOR REGION
CHERANELLOOR GRAMA PANCHAYAT
SECRETARY, CHERANELLOOR GRAMA PANCHAYAT
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
