Three writ petitions seeking liberalisation of vehicle tax for unaided schools are withdrawn with liberty to file afresh. The court dismissed the petitions as withdrawn. The challenge was to a Bill, not an Act.
Petitions dismissed as withdrawn with liberty to file afresh.
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 AMIT RAWAL
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
WP(C).No.12378 OF 2020(V)
PETITIONERS
1 P.S.ABDUL NAZAR, MANAGER, CRESCENT PUBLIC SCHOOL, THOTTUMUGHAM P.O., ALUVA, ERNAKULAM-683105.
2 P.S. RAMACHANDRAN PILLAI, MANAGER, PADMASREE CENTRAL SCHOOL, SHANTHIVALLEY, ENATHU P.O., PATHANAMTHITTA-691526.
BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREETH VIHAR, NEW DELHI-110092.
R3 BY SRI.NIRMAL S., SC, CBSE
SPL.GP - SRI. RAVINDRANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.09.2020, ALONG WITH WP(C).14931/2020(N), WP(C).15270/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
WP(C).No.14931 OF 2020(N)
PETITIONER:
MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS, REPRESENTED BY ITS PRESIDENT, REV.FR.VARGHESE MANICKANAMPARAMBIL, CMI HAVING REGISTERED OFFICE AT ST.ARNOLDS NORTH ADUVASSERY S.ADUVASSERY P.O., ERNAKULAM, PIN - 683 578.
BY ADVS. SRI.JOSE ABRAHAM(J-1406) SRI.E.ADITHYAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
3 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, MOTOR VEHICLES DEPARTMENT, 2ND FLOOR, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA - 695 014.
SPL.GP - SRI. RAVINDRANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.09.2020, ALONG WITH WP(C).12378/2020(V), WP(C).15270/2020(G), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2020 / 1ST ASWINA, 1942
WP(C).No.15270 OF 2020(G)
PETITIONER:
UNAIDED SCHOOLS MANAGEMENT, CONSORTIUM(USMAC), REG.NO.2/2018/IV., RAJAGIRI, SASTHAMCOTTA, KOLLAM-690521, REPRESENTED BY ITS CHAIRMAN, REV.FR.DR.ABRAHAM THOLATHIL.
BY ADV. SRI.H.RAMANAN
RESPONDENTS:
SPL.GP - SRI. RAVINDRANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.09.2020, ALONG WITH WP(C).12378/2020(V), WP(C).14931/2020(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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JUDGMENT
[ WP(C).12378/2020, WP(C).14931/2020, WP(C).15270/2020 ]
Dated this the 23rd day of September 2020
Learned counsel for the petitioners seek permission for withdrawal of the writ petitions with liberty to file afresh as challenge has been laid to the Bill and not to the Act. Liberty as sought for is granted.
These writ petitions are dismissed as withdrawn.
Sd/-
AMIT RAWAL
JUDGE
VV
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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APPENDIX OF WP(C) 12378/2020
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE CERTIFICATE OF REGISTRATION GIVEN BY THE SUB REGISTRAR, ERNAKULAM DATED 30/07/1993. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE NO OBJECTION CERTIFICATE GIVEN BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT DATED 27/08/1993. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE OF AFFILIATION GIVEN BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 26/03/2014. |
| EXHIBIT P4 | TRUE COPY OF THE CERTIFICATE OF REGISTRATION GIVEN BY THE SUB REGISTRAR, CHENGANNUR DATED 25/06/2005. |
| EXHIBIT P5 | TRUE COPY OF THE CERTIFICATE OF AFFILIATION IS GIVEN BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 14/08/2013. |
| EXHIBIT P6 | TRUE COPY OF THE CERTIFICATE SHOWING THE EXTENSION OF AFFILIATION UPTO 31/03/2021 OF THE 2ND PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF THE FORMAL PRIOR RECOGNITION LETTER GIVEN TO THE 2ND PETITIONER BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION (GENERAL) DATED 07/09/2019. |
| EXHIBIT P8 | TRUE COPY OF THE SCHEDULE PUBLISHED BY THE GOVERNMENT AS PER SECTION 3(1) OF THE KMVT ACT. |
| EXHIBIT P9 | TRUE COPY OF THE RELEVANT PAGES OF THE KERALA FINANCE ACT, 2020. |
| EXHIBIT P10 | TRUE COPY OF THE COMMUNICATION NO.B1- 107213/TC/2019 DATED 05/06/2020 ISSUED BY THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. |
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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APPENDIX OF WP(C) 14931/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE REGISTRATION CERTIFICATE OF MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS. EXHIBIT P2 RELEVANT PAGES OF THE SCHEDULE PUBLISHED BY THE GOVERNMENT AS PER SECTION 3(1) OF THE KMVT ACT. EXHIBIT P3 RELEVANT PAGES OF THE KERALA FINANCE BILL, 2020. EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.9/2020 DATED 4/05/2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13/6/2020 BEFORE THE RESPONDENTS.
WP(C).Nos.12378/2020, 14931/2020, 15270/2020
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APPENDIX OF WP(C) 15270/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGES EXTRACTED FROM THE KERALA FINANCE BILL 2020 DATED 22 03.2020. EXHIBIT P2 TRUE COPY OF CIRCULAR ISSUED BY THE 5TH RESPONDENT FOR IMPLEMENTING EXT P1 DATED 05.06.2020. EXHIBIT P3 TRUE COPY OF THE PETITIONERS REPRESENTATION AGAINST RE-FIXATION AND ENHANCEMENT OF VEHICLE TAX IN RESPECT OF VEHICLES OF UNAIDED SCHOOLS DATED 24.06.2020.
//TRUE COPY// PA TO JUDGE
P.S. ABDUL NAZAR
P.S. RAMACHANDRAN PILLAI
STATE OF KERALA
THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION
MANAGEMENT ASSOCIATION OF CHRISTIAN MINORITY SCHOOLS
STATE OF KERALA
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
