Kunjumohammed K v. Hussain
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 RP.No. 84 of 2015 () -------------------------------- (AGAINST THE JUDGMENT IN WP(C).NO. 30334/2014 DATED 15-12-2014) ---------------- REVIEW PETITIONER/3RD PARTY :
---------------------------------------------------- KUNJUMOHAMMED K., PULASSERY HOUSE,P.O. CALICUT AIRPORT, KONDOTTY, MALAPPURAM.
BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S)/PETITIONER AND RESPONDENTS :
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1. HUSSAIN, S/O.KAMMU, AREEKKATTU HOUSE, 8/427, KANJIRAPARAMA, CALICUT AIRPORT.P.O., MALAPPURAM-673 647
2. THE AIRPORT DIRECTOR, CALICUT AIRPORT, CALICUT AIRPORT.P.O., MALAPPURAM-673 647
3. THE CALICUT AIRPORT TAXI DRIVERS CO-ORDINATION COMMITTEE, REPRESENTED BY ITS SECRETARY, CALICUT AIRPORT.P.O., MALAPPURAM-673 647 R1 BY ADV. SRI.BABU S. NAIR R2 BY ADV. SRI.S.SUJIN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23-01-2015,ALONG WITH R.P.NO.85 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
R.P.NO.84/2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEX A1 COPY OF THE RELEVANT EXTRACT OF THE REGISTRATION BOOK ANNEX A2 COPY OF THE JUDGMENT IN WP(C).NO.30334 OF 2014 DATED 15/12/2014.
ANNEX A3 COPY OF THE CODE OF CONDUCT OF PREPAID TAXI COUNTER. RESPONDENT'S ANNEXURES:
NIL /TRUE COPY/ P.A.TO.JUDGE sts
A.MUHAMED MUSTAQUE, J.
========================= R.P.Nos.84 and 85 of 2015 in W.P(C).No.30334 of 2014 ============================ Dated this the 23rd day of January, 2015
ORDER
These review petitions are at the instance of persons who are not parties to the Writ Petition. The issue in the Writ Petition pertains to operating taxi by the writ prtitioner therein. This Court proceeded the Writ Petition as though the writ petitioner having right to operate taxi from the Calicut Airport premises. The review petitioner in R.P.No.84 of 2015 submits that writ petitioner is only the driver under him and he has no independent right to operate taxi. The review petitioner in R.P.No.85 of 2015 submits that he is the licensee of the pre-paid taxi services at Calicut Airport and he was not made a party before this Court before judgment. It is submitted that on account of the direction of this Court, their rights have been infringed.
2.
Considering the nature of the judgment passed by me, I am of the view that the right of the third parties prima facie, appears to have been infringed on account of the judgment. Therefore, they also need to be heard to decide the right of the writ petitioner to operate taxi from the Calicut Airport premises.
R.P.Nos.84 and 85 of 2015 in W.P(C).No.30334 of 2014 3.
Learned counsel for the writ petitioner submits that consequent upon the directions of this Court, an order has been passed by the Calicut Airport authority permitting the writ petitioner to operate taxi from the Calicut Airport premises. In the facts and circumstances, there is an error apparent on the judgment. Accordingly, the judgment is reviewed. In view of the above, all the review petitioners are suo moto impleaded as additional respondents in the writ petitions. Post the Writ Petition on 28.01.2015.
A.MUHAMED MUSTAQUE, JUDGE.
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