The High Court granted permission to the petitioner to withdraw the writ petition and dismissed it as withdrawn, reserves the right to approach the court afresh once a cause of action exists.
Permission to withdraw the writ petition granted. Petition dismissed as withdrawn.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
WEDNESDAY,THE 03RD DAY OF OCTOBER 2018 / 11TH ASWINA, 1940
WP(C).No. 937 of 2018
PETITIONER/S:
IMMANUEL AVIATION & CARGO SERVICES PVT. LTD 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.
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W.P.(C). No. 937 of 2018
3 NOUFAL A. MOTOR VEHICLE INSPECTOR, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682 030.
4 THE DIRECTOR BIRD WORLDWIDE FLIGHT SERVICES (INDIA) PVT.LTD.,E-9, CONNAUGHT HOUSE, CONNAUGHT PALACE, NEW DELHI - 110 001.
5 COCHIN INTERNATIONAL AIRPORT LTD. REP.BY ITS MANAGING DIRECTOR, COCHIN INTERNATIONAL AIRPORT P.O.,NEDUMBASSERY, PIN - 683111.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.JOSON MANAVALAN SRI.K.JOHN MATHAI SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.P.GOPINATH
OTHER PRESENT:
SPL. GP. P.RAVINDRANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the petitioner seeks permission to
withdraw the writ petition. Permission granted, and the writ petition
is dismissed as withdrawn, preserving the petitioner's liberty to
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W.P.(C). No. 937 of 2018
approach this Court afresh, provided there is a surviving cause of
action.
Sd/-
DAMA SESHADRI NAIDU
JUDGE
das
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT-P1: TRUE COPY OF THE SPECIFICATIONS OF PASSENGER COACH.
EXHIBIT-P2: TRUE COPY OF THE QUOTATION GIVEN BY VAS BREAKDOWN, RECOVERY AND CRANE SERVICES DATED 15.12.2017. EXHIBIT-P3: TRUE COPY OF THE RECEIPT ISSUED BY VAS BREAKDOWN, RECOVERY AND CRANE SERVICES DATED 16.12.2017. EXHIBIT-P4: TRUE COPY OF THE TAX INVOICE ISSUED BY POPULAR MEGHA MOTORS (INDIA) LTD., ALANGAD DATED 30.12.2017.
EXHIBIT-P5: TRUE COPY OF THE GATE PASS ISSUED BY POPULAR MEGHA MOTORS (INDIA) LTD., ALANGAD. EXHIBIT-P6: TRUE COPY OF THE CHECK REPORT DATED 31.12.2017 PREPARED BY THE 3RD RESPONDENT.
W.P.(C). No. 937 of 2018
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EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT DATED 6.1.2018.
EXHIBIT-P8: TRUE COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT OF INDIA TO ALL TRANSPORT SECRETARIES OF ALL STATE GOVERNMENT/UNION TERRITORY ADMINISTRATION DATED 3.11.1992.
EXHIBIT-P9: TRUE COPY OF CERTIFICATE ISSUED BY 5TH RESPONDENT GRANTING PERMISSION OF ENTRY OF THE SPECIALIZED VEHICLE TO THE 4TH RESPONDENT DATED 13.5.2009.
EXHIBIT-P10: TRUE COPY OF ORDER NO.C3/36227/09/CT DATED 26.3.2010.
EXHIBIT-P11: TRUE COPY OF THE V A T INVOICE ISSUED BY THE TATA MOTOR LTD. DATED 16.6.2011.
IMMANUEL AVIATION & CARGO SERVICES PVT. LTD
STATE OF KERALA
THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE-II
NOUFAL A.
THE DIRECTOR BIRD WORLDWIDE FLIGHT SERVICES (INDIA) PVT.LTD.
COCHIN INTERNATIONAL AIRPORT LTD.
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
