Kerala State Transport Corporation v. C.A.Joseph Swarez

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WA.No. 1672 of 2014 IN WP(C).23063/2014 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 23063/2014 DATED 19-09-2014 ....................

APPELLANT/3RD PARTY :

---------------------------- KERALA STATE TRANSPORT CORPORATION TRANSPORT BHAVAN THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR REPRESENTED BY HIS AUTHORISED SIGNATORY SASIDHARAN, ZONAL MANAGER, ERNAKULAM.

BY ADV. SRI.P.C.CHACKO, SC, KERALA STATE ROAD TR RESPONDENTS/PETITIONER & RESPONDENT :

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1. C.A.JOSEPH SWAREZ S/O.ALEXANDER, CHIRAMEL HOUSE, KUMBALANGHI P.O KOCHI-682 007

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY ERNAKULAM-682 030.

R1 BY SRI.M.JITHESH MENON R2 BY SR.GOVERNMENT PLEADER, SRI.P.I. DAVIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 1672 of 2014 IN WP(C).23063/2014 -------------------------------------------------- APPENDIX APPELLANT'S EXHIBITS :

ANNEXURE 1 : TRUE COPY OF NOTIFICATION GO(P) No.42/2000/TRAN. DATED 14.07.2009.

ANNEXURE 2 : TRUE COPY OF ORDER DATED 26.11.2013 ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS :

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1672 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2015

JUDGMENT

Ashok Bhushan, C.J.

This writ appeal has been filed by the Kerala State Road Transport Corporation after obtaining leave from the Court against the judgment dated 19.09.2014 passed in W.P.(C) No.23063 of 2014 by which the learned Single Judge directed the respondent authority to issue temporary permit for a period of four months within one week from the date of receipt of a copy of the judgment.

2. The period for which the temporary permit issued having lapsed, we see no reason to enter into the issues now raised in the appeal. We only observe that in the event the period of temporary permit granted have come to an end, none of the rights of the appellant shall be foreclosed and it shall be open for the appellant to raise all such issues.

With the above observation the Writ Appeal is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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