High Court of KeralaWP(C)/3407/2015dismissed

Mala Social Forum-Centre For Social Changes v. State Of Kerala

2015-02-05Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3407 of 2015 (A) --------------------------- PETITIONER -------------------------- MALA SOCIAL FORUM-CENTRE FOR SOCIAL CHANGES DOOR NO. 30/IX, OPPOSITE KSRTC BUS STAND, MALA THRISSUR DISTRICT REPRESENTED BY ITS CHAIRMAN T.A.JOSEPH.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

SMT.N.C.SALINI SRI.C.RADHAKRISHNAN RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE TRANSPORT COMMISSIONER MOTOR VEHICLE DEPARTMENT, HEAD QUARTERS, TRANS TOWERS VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

3. UNION OF INDIA MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS (DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS) TRANSPORT BHAVAN NO.1 PARLIAMENT STREET, NEW DELI - 110 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3407 of 2015 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF SOCIETY, THRISSUR RELATING TO THE PETITIONER'S SOCIETY.

EXT.P2 - TRUE COPY OF THE NOTIFICATION SO NO. 443(E) DT. 12.6.89 UNDER SECTION 121(4) OF THE MOTOR VEHICLES ACT. EXT.P3 - TRUE COPY OF THE AMENDMENT OF NOTE - II UNDER RULE 5 OF THE KERALA TRANSPORT SUBORDIANTE SERVICE RULES 2008.

EXT.P4 - TRUE COPY OF THE JUDGMENT MADE IN WRIT APPEAL NO. 1643/2007 DT. 18.8.07 BY THE HON'BLE HIGH COURT OF KERALA.

EXT.P5 - TRUE COPY OF THE ORDER MADE IN REVIEW PETITION NO. 941/2007 DT. 23.11.07 IN WRIT APPEAL NO. 1643/07. EXT.P6TRUE COPY OF THE INTIMATION DT. 03.10.08 ISSUED BY THE MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM

A.MUHAMED MUSTAQUE, J.

............................................................ WP(C).No. 3407 of 2015 .............................................................. Dated this the 5th day of February, 2015.

J U D G M E N T

The petitioner is a society registered under the Travancore Cochin Literary Scientific Charitable Societies Act represented by its chairman. This writ petition is filed challenging Ext.P3 notification. Neither the petitioner Society nor its members have no private interest in the matter. Having pointed out this, the petitioner has no locus standi, the petitioner's Counsel submits that he may be given liberty to approach this Court by public interest litigation.

With that liberty this writ petition is dismissed. A.MUHAMED MUSTAQUE, smm (Judge)