Kerala State Road Trasnport Corporation v. Aswathy Kumar

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. 1820 of 2014 IN WP(C).25848/2014 -------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 25848/2014 DATED 07-10-2014 ......................

APPELLANT/3RD PARTY :

----------------------------- KERALA STATE ROAD TRASNPORT CORPORATION TRANSPORT BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR REPRESENTED BY HIS AUTHORISED SIGNATORY, SASIDHARAN S/O.BALAKRISHNAN NAIR, WORKING AS THE ZONAL OFFICER KERALA STATE ROAD TRANSPORT CORPORATION DISTRICT TRANSPORT OFFICE, ERNAKULAM.

BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 :

-------------------------------------------------------------

1. ASWATHY KUMAR KAMALALAYAM, CHATHANPARA, THOTTAKKADU P.O.

ATTINGAL, THIRUVANANTHAPURAM-695605.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM-691001.

3. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM, REPRESENTED BY ITS SECRETARY-691001.

R1 BY ADV. SRI.O.D.SIVADAS R2 & R3 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. 1820 of 2014 IN WP(C).25848/2014 -------------------------------------------------- APPENDIX APPELANT'S EXHIBITS:

ANNEXURE 1 : TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 13.10.2014.

ANNEXURE 2 : TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 13.10.2014.

ANNEXURE 3 : TRUE COPY OF GOVERNMENT ORDER DATED 14.07.2009 VIDE NO.42/2009.

ANNEXURE IV : TRUE COPY OF THE JUDGMENT DATED 03.07.2015 IN W.P.(C) No.4757 OF 2015 PASSED BY THE HIGH COURT OF KERALA. RESPONDENTS' EXHIBITS:

ANNEXURE R1(A) : TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER ON 06.10.2012.

ANNEXURE R1(B) : TRUE COPY OF THE PROCEEDING DATED 05.02.2013 ISSUED BY TRHE 2ND RESPONDENT.

ANNEXURE R1(C) : TRUE COPY OF THE TEMPORARY PERMITS ISSUED TO THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

/TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1820 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2015

JUDGMENT

Ashok Bhushan, C.J.

This Writ Appeal has been filed against the judgment dated 07.10.2014 passed in W.P.(C) No. 25848 of 2014 by which the learned Single Judge has directed the respondent to issue a temporary permit for four months duration within a week from the date of production of a copy of the judgment which was subject to any preferential claim.

2. The Kerala State Road Transport Corporation who was not party to the writ petition has come up with this appeal after obtaining leave of this Court. Learned Standing Counsel for the appellant submits that after the impugned judgment the Regional Transport Authority has granted four months temporary permit but denied further extension. Hence the petitioner has again approached this Court and learned Single Judge vide judgment dated 03.07.2015 in W.P.(C) No.4757 of 2015 has dismissed the writ petition holding that

WA No. 1820 of 2014 -:2:- the writ petitioner(Aswathy Kumar) was not entitled to get the relief prayed for.

It is submitted that in view of Annexure IV judgment dated 03.07.2015 in W.P.(C) No.4757 of 2015, the Writ Appeal has virtually become infructuous. Accordingly, we close the Writ Appeal as having become infructuous.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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