Dismissed

K.T.Jose v. Sherly George and Another

Kerala HC13 Oct 2009RP/947/2009

Case brief

AI extract

What is this about?

In this review petition, the Court, while rejecting the request to review its earlier judgment, clarified that the Regional Transport Authority Secretary must proceed according to subsequent orders in a connected writ petition regarding carriage service conversion.

What did the court decide?

Review petition dismissed; RTA Secretary directed to act per judgment dated 7/10/2009 in WP(C) No.14767 of 2009.

K.T.Jose Vs Sherly George and Another — Service and Employment | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE V.GIRI

¶4

TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931

¶5

RP.No. 947 of 2009(B)

¶6

-------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.16057/2009 Dated 30/06/2009

¶7

REVIEW PETITIONER(S): (NOT PARTY OF THE WRIT PETITION

¶8

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

¶9

K.T.JOSE, KONDODICKAL, CHAMPAKARA, KARUKACHAL, CHANGANACHERRY.

¶10

BY ADV. MR.P.DEEPAK

¶11

RESPONDENT(S): WRIT PETITIONER& RESPONDENT 1 & 2

¶12

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

¶13

1. SHERLY GEORGE, W/O. GRACE MATHEW, CHITTAPANNATTU, MUNDAKAYAM.

¶14

2. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REP.BY ITS SECRETARY, IDUKKI.

¶15

3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI.

¶16

R1 BY ADV. MR.M.A.FAYAZ R2 & R3 BY GOVT. PLEADER SMT.ANU SIVARAMAN

¶17

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

tss

¶19

V.GIRI,J.

¶20

R.P No.947 of 2009 in W.P (C ) No.16057 of 2009

¶21

Dated this the 13^th October,2009

¶22

O R D E R

¶23

By Annexure-A judgment dated 10/6/2009, which is sought to be reviewed at the instance of a person who was not a party to the same, I had directed the Regional Transport Authority, the 1st respondent in the writ petition to take further steps pursuant to Ext.P2 judgment of the State Transport Appellate Tribunal directing the grant of conversion of the Stage Carriage Service operated by the writ petitioner on the route Murikkassery-Changanassery from limited stop ordinary service to fast passenger service. This review petition has been filed by another operator operating on the route Balanpilla CityChanganassery contending that Ext.P2 order of the State Transport Appellate Tribunal had been challenged by the KS.R.T.C in W.PC No.14767 of 2009 on 29/5/2009 and an order of stay had also been granted and the said order was operative on the date of Annexure-A judgment dated 10/6/2009.

¶24

¶25

R.P No.947 of 2009 in W.P (C ) No.16057 of 2009

¶26

The writ petitioner has filed a counter affidavit pointing out that he had no knowledge of the institution of WP(C ) No.14767 of 2009 when he had filed WP(C) No16057 of 2009 and when the writ petition was disposed of. I find no reason not to accept the said contention.

¶27

By judgment dated 7/10/2009, this Court had dismissed W.P (C) No.14767 of 2009 and other connected cases subject to certain observations made in the penultimate paragraph of the said judgment.

¶28

In these circumstances, I find no reason to review the judgment dated 10/6/2009. But it is made clear that the Secretary, RTA shall proceed to act as per the direction already issued in the judgment dated 7/10/2009 in W.P (C ) No.14767 of 2009.

¶29

Review Petition is disposed of as above.

¶30

(V.GIRI,JUDGE)

¶31

¶32

R.P No.947 of 2009 in W.P (C ) No.16057 of 2009

¶33

¶34

R.P No.947 of 2009 in W.P (C ) No.16057 of 2009

¶35

K.T.Jose v. Sherly George and Another

Case brief

What is this about?

What did the court decide?

K.T.Jose v. Sherly George and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

A.R.Madhukumar Vs the State of Kerala and Others

S.K.Umadhathakumar Vs State of Kerala and Others

Libin Joseph Vs Transformers and Electricals Kerala Ltd.

T.a.Abraham Vs Hmt

A.K.Abdul Salam Vs State of Kerala and Others

Nandakumar B. Vs the Principal and Others