In this writ petition, the petitioner challenged the transfer of stage carriages bought from him without consent. The court dismissed the petition as infructuous because the vehicles were already transferred to third parties, leaving open the petitioner's legal and factual contentions.
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 ANIL K.NARENDRAN
TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940
WP(C).No. 21806 of 2018
PETITIONER:
AJANTHAKUMAR, AGED 44 YEARS, S/O SUKUMARAN, KUZHIPPILLILPARAMBIL, NELLAYI VILLAGE DESOM, THRISSUR TALUK.
BY ADVS.SRI.PHIJO PRADEESH PHILIP SMT.T.S.REMYA
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR REPRESENTED BY ITS SECRETARY-680 001.
2 THE SECRETARY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001.
3 SANTHOSH, AGED 28 YEARS, KILAVANPARAMBIL, CHITTARAM VILLAGE,THRISSUR.
SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21806 of 2018
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JUDGMENT
The petitioner, on the strength of Ext.P1 agreement dated 24.02.2018 with the 3rd respondent in respect of two
stage carriages bearing registration Nos.KL-11/W-5722 and KL-06/C-2180, has moved this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to consider Ext.P2 complaint dated 16.06.2018 made before the 1st respondent Regional Transport Authority and interdict them from transferring the aforesaid stage carriages, without the knowledge and consent of the petitioner.
WP(C).No. 21806 of 2018
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also the learned Senior Government Pleader appearing for respondents 1 and 2. Service of notice is not complete on the 3rd respondent as the notice is returned with an endorsement 'not known'.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as infructuous, leaving open the legal and factual contentions raised by the petitioner.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the writ petition challenging the transfer of stage carriages without consent is maintainable when the relief sought has become infructuous due to the transfer to third parties.
Ajanthakumar
Regional Transport Authority
The Secretary, Regional Transport Authority
Santhosh
Anil K. Narenchan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
