P.V Jojo v. Sri Vinesh M

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 4TH DAY OF SEPTEMBER 2015/13RD BHADRA, 1937 Con.Case(C).No. 1129 of 2015 (S) --------------------------------------------------- (AGAINST THE ORDER IN WP(C).NO. 19193/2015 DATED 25-06-2015) -------------- PETITIONER :

----------------------- P.V.JOJO, AGED 45 YEARS, S/O.VAREED, PUTHUKKADAN HOUSE, MANAKODI P.O., THRISSUR.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT :

------------------------- SRI.VINESH.M., AGED 50 YEARS, SON OF NOT KNOWN TO THE PETITIONER, SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA -673 010.

BY GOVERNMENT PLEADER SRI.SOJAN JAMES THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

COC.NO.1129/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 CERTIFIED COPY OF THE ORDER IN WP(C).NO.19193/2015 DATED 25/06/2015 OF THIS HON'BLE COURT ANNEX II COPY OF THE LETTER NO.G2-3211/15/THRISSUR DATED 01/07/2015 ISSUED BY STATE PUBLIC INFORMATION OFFICER, KSRTC, THRISSUR ANNEX III COPY OF THE TEMPORARY PERMIT DATED 13/07/2015 ISSUED BY THE RESPONDENT ANNEX IV COPY OF THE NOTICE VIDE NO.C8/3687/2015/V DATED 29/07/2015 ISSUED BY THE RESPONDENT ANNEX V COPY OF THE VEHICLE BEARING REGN.NO.KL-15-9498. ANNEX VI COPY OF THE CHECK REPORT REGARDING THE SEIZURE OF THE PETITIONER'S VEHICLE, KL-08-AX-5004 ANNEX VII COPY OF THE APPLICATION DATED 29/07/2015 SUBMITTED BY THE PETITIONER.

RESPONDENT'S ANNEXURES:

ANNEX R1(A) COPY OF THE APPLICATION FOR 20 DAY'S TEMPORARY PERMIT SUBMITTED BY THE PETITIONER.

ANNEX R1(B) COPY OF THE APPLICATION FOR TEMPORARY PERMIT FOR FOUR MONTHS DATED 29/07/2015 ANNEX R1(C) COPY OF THE LETTER SENT BY DTO ANNEX R1(D) COPY OF THE LETTER ISSUED BY THE KSRTC, KOZHIKODE DATED 12/08/2015 ANNEX R1(E) COPY OF THE PERMIT ISSUED TO THE KSRTC BY RTO, NATIONALISED SECTOR /TRUE COPY/ P.A.TO JUDGE sts

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- Cont. Case (C) No. 1129 of 2015 -------------------------------------------------- Dated this the 4th day of September, 2015

J U D G M E N T

The petitioner has approached this Court alleging that the direction in Annexure-I order has not been complied with. 2.

The direction in Annexure-I order was to dispose of Ext.P3 application after affording the petitioner and the KSRTC an opportunity of being heard.

3.

The learned senior Government Pleader submits that no such application is pending.

4.

Though there was an order to maintain status quo as on the date of the order, it was on condition that the petitioner should cease to operate the vehicle on the basis of the existing temporary permit, if the KSRTC resumes service. 5.

The learned Standing Counsel for the respondent corporation submits that the KSRTC has taken over the route and the KSRTC has filed a statement in WP(C) No.25408/2015. As there is nothing on record to proceed against the respondent, the contempt case is closed.

Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE bka/-