Allowed

Kerala State Road Transport Corporation v. Jolly Sebastian

Kerala HC28 Jan 2015RP/384/2014

Case brief

AI extract

What is this about?

The Court allowed a review petition filed by the Petitioner challenging an earlier order due to objectionable route overlap, leading to the revocation of a temporary permit and dismissal of the original writ petition.

What did the court decide?

The review petition is allowed; the writ petition is dismissed; any temporary permit issued on the strength of the judgment stands revoked.

Kerala State Road Transport Corporation Vs Jolly Sebastian — Kerala HC (2015) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936

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RP.No. 384 of 2014 (T) IN WP(C).2154/2014

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AGAINST THE JUDGMENT IN WP(C) 2154/2014 of HIGH COURT OF KERALA DATED 22-01-2014

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REVIEW PETITIONER(3RD PARTY):

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KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR REPRESENTED BY HIS AUTHORISED SIGNATORY P.SURESH KUMAR, CHIEF LAW OFFICER.

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BY ADV. SRI.P.C.CHACKO, SC

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RESPONDENTS/PETITIONER & RESPONDENT:

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1. JOLLY SEBASTIAN, W/O.SEBASTIAN, OTTACKAL HOUSE, ALAKODE MUTTAM.P.O, IDUKKI 685 587.

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2. THE SECRETARY,

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REGIONAL TRANSPORT AUTHORITY, IDUKKI-686603.

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R1 BY ADV. SRI.I.DINESH MENON R2 BY GOVERNMENT PLEADER SRI. R. RENJITH

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP.No. 384 of 2014 (T) IN WP(C).2154/2014

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APPENDIX

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REVIEW PETITIONER'S ANNEXURES:

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ANNEXURE -I COPY OF RELEVANT PORTION OF THE DECISION DATED 8.1.2014 OF THE RTA, IDUKKI AS ITEM NO.123.G/38724/2013/ID

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ANNEXURE -2 COPY OF NOTIFICATION NO.G.O.(P) NO.42/2009/TRAN DATED 14.7.2009 RESPONDENTS' ANNEXURES:

NIL

//TRUE COPY//

P.A. TO JUDGE

shg/

K. VINOD CHANDRAN, J. ------------------------------R.P.No.384 of 2014 in W.P.(C) No.2154 of 2014

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---------------------------------------------Dated this the 28^th day of January, 2015

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JUDGMENT

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The review petitioner Kerala State Road Transport Corporation has filed the above review petition on the ground that if the judgment is complied with, then there will be objectionable overlap of notified route and in fact an earlier temporary permit application was rejected by Annexure-1. The date of such rejection is not evident from the document produced and the learned counsel for the petitioner in the writ petition submits that the rejection order itself was issued long afterwards. However, it is to be noticed that the objectionable overlap exists in the route, in which the petitioner has sought for issuance of temporary permit.

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In such circumstance, the judgment would stand recalled. The petitioner in the writ petition if issued with a temporary permit on the strength of the judgment, the same shall stand revoked. The review petition hence is allowed and the writ petition would stand dismissed.

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SD/- K. VINOD CHANDRAN, JUDGE

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Kerala State Road Transport Corporation v. Jolly Sebastian

Case brief

What is this about?

What did the court decide?

Kerala State Road Transport Corporation v. Jolly Sebastian

Case brief

What is this about?

What did the court decide?

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