The High Court dismissed the original petition as infructuous due to efflux of time, noting the petitioner could object to any future permit renewal for the respondent subject to existing legal contentions.
The original petition of 7160 of 2002 was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR
THURSDAY, THE 8TH MARCH 2007 / 17TH PHALGUNA 1928
OP.No. 7160 of 2002(B) -----------------------------
PETITIONER:
------------------
K.S.R.T.C.,REPRESENTED BY ITS MANAGING DIRECTOR,TRANSPORT BHAVAN,EAST FORT,TRIVANDRUM
BY ADV. SRI.T.RAVIKUMAR, SC, KSRTC SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
RESPONDENTS:
----------------------
1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE,REPRESENTED BY THE SECRETARY.
2. MR.P.K.DASAN,PANDAYIL HOUSE, KOONAMOOCHI P.O.,THRISSUR.
BY ADV. SRI.G.PRABHAKARAN BY GOVERNMENT PLEADER SMT.N.SUDHADEVI
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON CMP. NO.12681/2002 IN OP. 7160/2002
DISMISSED
08.03.2007
SD/- K.BALAKRISHNAN NAIR, JUDGE
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:- COPY OF THE JUDGMENT IN M.V.A.A NO.405/01 DT.6.8.01.
EXT.P2:- COPY OF THE NOTIFICATION OF THE SCHEME KOZHIKODE – SULTAN BATHERI DT.3.2.1986.
EXT.P3:- COPY OF THE NOTIFICATION OF THE KOZHIKODE – GURUVAYOOR D.T.1.3.06.
RESPONDENTS EXHIBITS
EXT.R2(a):- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT MADE IN OP. NO.5345/01. DT.5.3.01.
EXT.R2(b):- COPY OF THE PROCEEDINGS OF THE RTA, KOZHIKODE HELD ON 29.5.01 WITH IS NO.G1/4831/99.
EXT.R2(b)1. COPY OF THE PROCEEDINGS OF THE RTA KOZHIKODE HELD ON 29.5.01 WITH ITS NO. G1/4020/2000.
EXT.R2(b) 2. CIOP PROCEEDINGS OF THE SECRETARY RTS, KOZHIKODE WITH ITS NO.C2/43115/2000 DT.19.1.01.
EXT.R2(b) 3. COPY OF THE REGULAR PERMIT WITH ITS NO.P.ST.C2/2/98 ISSUED TO ONE C.L.ANDREWS DT.13.1.98.
EXT.R2(b) 4. COPY OF THE PROCEEDINGS OF SECRETARY, RTA, WAYANAD WITH ITS NO.C5/3359/01/W DT.16.8.01.
EXT.R2(b) 5. COPY OF THE REGULAR PERMIT WITH ITS NO.P.ST, C5/43/01/W DT. 21.8.01.
EXT.R2(c):- COPY OF THE ORDER IN CMP. NO.44930/01 IN OP. 27630/01 DT.18.9.01.
tss
/TRUE COPY/
K.BALAKRISHNAN NAIR, J.
O.P.No.7160 of 2002-B
Dated this the 8th day of March, 2007
JUDGMENT
Owing to efflux of time no relief could be granted to the petitioner in this original petition. If the permit granted to the second respondent is renewed, the petitioner will be free to object the same by raising all the contentions available to it under the law. Subject to that right and without prejudice to the contentions of the petitioner, the original petition is closed as infructuous.
K.BALAKRISHNAN NAIR, JUDGE.
MS
2
K.BALAKRISHNAN NAIR, J.
O.P.NO.7160 OF 2002-B
JUDGMENT
DATED 8TH MARCH, 2007
1 issue framed by the court
Whether the original petition has become infructuous due to efflux of time and the status of the petitioner's objections to permit renewal.
K.S.R.T.C.
The Regional Transport Authority, Kozhikode
Mr. P.K. Dasan
K. Balakrishnan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
