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2006 Supreme(Ker) 569

M.N.KRISHNAN, J.B.KOSHY
Ernakulam District Private Bus Operators Association – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Koshy, J.

All these writ petitions except W.P.(C)No.31156 of 2005 are filed by the private bus operators questioning the imposition and enhancement of fees collected by the Corporation of Kochi at the rate of Rs.20/= per day by Ext.P1 notification dated 10.1.2005. It is their contention that more than 700 buses are passing through Kaloor bus stand itself and at the rate of Rs.20/- per day more than Rs.7,200/= will be collected from each vehicle per year. According to them, the fees charged by the corporation is illegal and arbitrary and liable to be set aside. It is also argued by the bus owners that increase of fees from Rs.10/= to Rs.20/= is arbitrary and virtually there is no quid pro quo and no service is rendered by the Corporation except name sake services done in the four bus stand. The private bus operators contended that they are paying huge motor tax apart from wages to their employees and there is separate allotment to Corporation for maintenance of road from road tax paid by them and the huge amount collected in any way is arbitrary and illegal. The Corporation has given the right to collect the fees from the vehicles to contractors and one such contractor fi




















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