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W.P. (C) No. 16199 of 2011 - Kerala State Private Bus Owner's Association Vs. Insurance Regulatory and Development

posted Jan 8, 2012, 6:27 PM by Law Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON 

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W.P.(C) No.16199 OF 2011 (Y)

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Dated this the 29th day of June 2011  

1. KERALA STATE PRIVATE BUS OWNERS' AND ... Petitioner 

2. M.D.REVI, 

3. S.SUNIL KUMAR, 

Vs 

1. INSURANCE REGULATORY AND DEVELOPMENT ... Respondent 

2. THE TARIFF ADVERSORY COMMITTEE, REP. BY 

3. THE NEW INDIA ASSURANCE CO. LTD., REP.BY 

4. THE NATIONAL INSURANCE CO. LTD., 

5. THE UNITED INSURANCE CO. LTD., REP. BY 

6. THE ORIENTAL INSURANCE CO. LTD., REP.BY 

For Petitioner :SRI.O.D.SIVADAS 

For Respondent : No Appearance 

JUDGMENT 

The prayers in the Writ Petition are as noted below: 

i) Call for the records leading to Ext.P1 and quash the same by issuing a writ of certiorari. 

ii) Issue a writ of mandamus, or other appropriate writ order or direction to the respondents to accept premium from the operators in the pre-revised rate untrammeled by Ext.P1 proceeding. 

iii) Declare that the 1st respondent is not having any jurisdiction or authority to issue Ext.P1 proceeding. 

iv) Grant the petitioner such other and further reliefs which this Hon'ble Court deem just and fit in the circumstances of the case including the cost of the proceedings. 

2. Exactly similar issue as involved in this case had come up for consideration before this Court in W.P.(C) No.13288/2011 and connected cases, which was dealt in detail and all the Writ Petitions were dismissed as per the judgment dated 22-06-2011. In the said circumstances, this Writ Petition also fails and it is dismissed in tune with the common judgment as aforesaid. 

vdv 

P.R.RAMACHANDRA MENON, 

JUDGE


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