This writ petition was heard on 09.10.2018. Permission to withdraw the petition was granted. The writ petition was dismissed as withdrawn.
Permission granted to withdraw the writ petition; the petition was dismissed as withdrawn.
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 DAMA SESHADRI NAIDU
TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940
WP(C).No. 18702 of 2018
PETITIONER/S:
IMMANUEL AVIATION & CARGO SERVICES PVT.LTD., REP. BY ITS DIRECTOR MRS.ROSY PANACKAL
POOVELI BUILDING, NAYATHODE P.O., ANGAMALY,ERNAKULAM DISTRICT, PIN - 683572,REP. BY ITS DIRECTOR MRS.ROSY PANACKAL,AGED 55 YEARS, W/O.WILLIAM GEORGE,MUTTATHU, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT,PIN 683 572.
BY ADVS. DR.SEBASTIAN CHAMPAPPILLY DR.ABRAHAM P.MEACHINKARA SRI.GEORGE CLEETUS
SRI.P.A.SAINUDEEN
RESPONDENT/S:
1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT,TRANSPORT (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE-II, OFFICE OF THE DTC, KUNNUMPURAM,THRIKKAKARA P.O., PIN - 682 021.
4 THE DIRECTOR
BIRD WORLDWIDE FLIGHT SERVICES (INDIA) PVT.LTD.E-9, CONNAUGHT HOUSE, CONNAUGHT PALACE,NEW DELHI - 110 001.
WP(C).No. 18702 of 2018 2
6 JOINT R.T.O. ALUVA ADDITIONAL REGISTERING AUTHORITY,SUB RTO OFFICE, ALUVA, PIN 683 101.
BY ADVS. SRI.P.BENNY THOMAS SRI.D.PREM KAMATH
SPL. GP. SRI. P.RAVINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2018, ALONG WITH WP(C).937/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18702 of 2018 3
JUDGMENT
The learned counsel for the petitioner seeks permission to withdraw the writ petition. Permission granted. I dismiss the writ petition as withdrawn, reserving the petitioner's liberty to approach this Court afresh if there is a surviving cause of action.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
hmh
WP(C).No. 18702 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT-P1: | TRUE COPY OF THE QUOTATION GIVEN BY VAS BREAKDOWN, RECOVERY AND CRANE SERVICES DATED 15.12.2017. |
|---|---|
| EXHIBIT-P2: | TRUE COPY OF THE RECEIPT ISSUED BY VAS BREAKDOWN, RECOVERY AND CRANE SERVICES DATED 16.12.2017. |
| EXHIBIT-P3: | TRUE COPY OF THE TAX INVOICE ISSUED BY POPULAR MEGHA MOTORS (INDIA) LTD., ALANGAD DATED 30.12.2017. |
| EXHIBIT-P4: | TRUE COPY OF THE GATE PASS ISSUED BY POPULAR MEGHA MOTORS (INDIA) LTD., ALANGAD. |
| EXHIBIT-P5: | TRUE COPY OF THE CHECK REPORT DATED 31.12.2017 PREPARED BY THE 3RD RESPONDENT. |
| EXHIBIT-P6: | TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 6.1.2018. |
| EXHIBIT-P7: | TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT OF INDIA TO ALL TRANSPORT SECRETARIES OF ALL STATE GOVERNMENT/UNION TERRITORY ADMINISTRATIONS DATED 3.11.1992. |
| EXHIBIT-P8: | TRUE COPY OF CERTIFICATE ISSUED BY5TH RESPONDENT GRANTING PERMISSION OF ENTRY OF THE SPECIALIZED VEHICLE TO THE 4TH RESPONDENT DATED 13.5.2009. |
| EXHIBIT-P9: | TRUE COPY OF ORDER NO.C3/36227/09/CT DATED 26.3.2010 ISSUED BY THE COMMISSIONER OF TAXES, THIRUVANANTHAPURAM. |
| EXHIBIT-P10: | TRUE COPY OF THE VAT INVOICE OF THE TARMAC COACH ISSUED BY THE TATA MOTOR LTD.DATED 16.6.2011. |
| EXHIBIT-P11: | TRUE COPY OF INTERIM ORDER DATED 15.1.2018 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.937 OF 2018. |
WP(C).No. 18702 of 2018 5 EXHIBIT-P12: TRUE COPY OF THE COVERING LETTER DATED 18.1.2018 GIVEN BY THE PETITIONER TO THE 3RD AND 6TH RESPONDENTS. EXHIBIT-P13: TRUE COPY OF LETTER BEARING NO.C4/262/2018 DATED 19.1.2018 ISSUED BY THE 6TH RESPONDENT. EXHIBIT-P14: TRUE COPY OF APPLICATION FOR REGISTRATION OF THE TARMAC COACH DATED 29.1.2018 GIVEN BY THE PETITIONER TO THE 6TH RESPONDENT). EXHIBIT-P15: TRUE COPY OF LETTER NO.C4/262/2018 DATED 7.2.2018 ISSUED BY THE 6TH RESPONDENT. EXHIBIT-P16: TRUE COPY OF THE LETTER ISSUED BY THE AUTOMOBILE CORPORATION OF GOA LTD.AND FORM NO.22(A) AND THE DRAWING SHOWING THE SPECIFICATIONS OF THE VEHICLE. EXHIBIT-P17: TRUE COPY OF COMMUNICATION/DEMAND NOTICE ISSUED BY THE 6TH RESPONDENT BEARING LETTER NO.262/2018/EA DATED 3.3.2018. EXHIBIT-P18: TRUE COPY OF REPRESENTATION GIVEN BY THE PETITIONER TO THE 6TH RESPONDENT DATED 13.4.2018. EXHIBIT-P19: TRUE COPY OF THE DEMAND NOTICE BEARING NO.R.R.C.NO.2018/5537/07 DATED 2.5.2018 ISSUED BY THE 7TH RESPONDENT. EXHIBIT-P20: TRUE COPY OF DEMAND SERVED PRIOR TO ATTACHMENT OF LAND UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT. EXHIBIT-P21: TRUE COPY OF THE JUDGMENT IN SPECIAL CIVIL APPLICATION NO.18553/2014 OF THE HON'BLE HIGH COURT OF GUJARAT AT AHMEDABAD DATED 26.11.2015. RESPONDENT'S EXHIBITS : NIL
//True copy //
PA to Judge
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
