Dismissed

Centre for Consumer Education v. the Chairman & Managing Director, Kerala State Road Transport Corporation

Kerala HC11 Oct 2021WP(C)/10796/2018

Case brief

AI extract

What is this about?

A PIL by Centre for Consumer Education seeking mandatory implementation of an order on KSRTC bus services was dismissed as infructuous by the High Court of Kerala after counsel submitted that events had rendered the prayers futile.

What did the court decide?

Dismissal of the writ petition as infructuous; liberty granted to file a fresh petition.

Centre for Consumer Education Vs the Chairman… — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

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WP(C) NO. 10796 OF 2018

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PETITIONERS:

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CENTRE FOR CONSUMER EDUCATION, (REG. NO.K 497/88), KP 6/399, 1ST FLOOR, VADAKKAN BUILDINGS, MUNDANKAL PO-686574, PALA, REPRESENTED BY ITS CHAIRMAN, K.C CHACKO, RESIDING AT KANNAMKULATH, KOORALI PO, PONKUNNAM.

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BY ADVS.SRI.JOHNSON MANAYANI SRI. JEEVAN MATHEW MANAYANI SRI.BENHUR JOSEPH MANAYANI

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RESPONDENTS:

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1 THE CHAIRMAN & MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM-695018.

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2 REJUMON JOSEPH, CONDUCTOR GRADE -1, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT, KOTTAYAM DIST.686021.

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3 MANOJ V.J, CONDUCTOR GRADE -1, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT, KOTTAYAM DIST.686021.

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4 MANOJ G, CONDUCTOR GRADE -1, KERALA STATE ROAD TRANSPORT CORPORATION, PONKUNNAM DEPOT KOTTAYAM DIST-686021.

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5 V.A ASHISH RYJU, CONDUCTOR GRADE-1, KERALA STATE ROAD TRANSPORT CORPORATION, MANANTHAVADY DEPOT, WAYANAD DIST.670645.

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6 P SHAJAN, CONDUCTOR GRADE -1, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, PALAKKAD DIST-678001.

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7 B.PRADEEP, CONDUCTOR GRADE -1, KERALA STATE ROAD TRANSPORT CORPORATION, PALAKKAD DEPOT, PALAKKAD DIST-678001.

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8 KERALA STATE ROAD TRANSPORT EMPLOYEES WELFARE ASSOCIATION REGISTER NO.3/2015, PANCHAVADI BUILDING,MAITHARA MARKET PO, CHERTHALA, ALAPPUZHA-688539, REPRESENTED BY ITS SECRETARY, V.V HARIDAS, S/O VISWANATHAN, AMBATTUVAYALIL HOUSE, VALLICHIRA PO, PALA.

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WP(C) NO. 10796 OF 2018

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9 K.J SEBASTIAN, S/O K.P JOSEPH, KUNNEL HOUSE, THIRUMALA BHAGAM PO, MANATHAODAM-688540, PRESIDENT, KERALA STATE ROAD TRANSPORT EMPLOYEES WELFARE ASSOCIATION, REGISTER NO.3/2015, PANCHAVADI BUILDING, MAITHARA MARKET PO, CHERTHALA, ALAPPUZHA-688539.

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10 TRANSPORT DEMOCRATIC FEDERATION T.D.F, REG. NO.01-06 OF 2002, H.O.S VARADARAJAN NAIR SMARAKA MANDIRAM, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1, REPRESENTED BY ITS WORKING PRESIDENT R. SASIDHARAN, S/O P. RAGHAVAN, AGED 68 YEARS, RESIDING AT MAYOOKHAM, KANJIRAMPARE PO, THIRUVANANTHAPURAM-695013.

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11 ALIYAR M I., MURIYANKARA HOUSE, WEST VENGOLA PO, PERUMBAVOOR, ERNAKULAM DISTRICT-683 556.

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12 JINS V SCARIA, VILAYAKATU HOUSE, KIZHACOMBU PO, KOOTHATTUKULAM, ERNAKULAM DISTRICT-686 662.

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13 P.A ABDUL RASHEED, PAPPANYIL HOUSE, NETTOOR PO, ERNAKULAM, KOCHI-682 040.

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BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.S.K.ADHITHYAN SRI.P.MOHANDAS ERNAKULAM SRI.MUHAMMED IBRAHIM ABDUL SAMAD DR.K.P.SATHEESAN SR. SRI.SABU PULLAN SRI.K.SUDHINKUMAR SRI.S.VIBHEESHANAN SRI.P.C.CHACKO, SC FOR R1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10796 OF 2018

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JUDGMENT

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Dated this the 11^th day of October 2021

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S.MANIKUMAR, C.J.

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Petitioner in this public interest litigation is the Chairman of Centre for Consumer Education, Pala, which is a society registered in 1988 under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955.

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Reliefs sought for in this writ petition are as follows:

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i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to take action on the Ext.P6 schedule of the petitioner regarding the implementation of Ext.P5 order.

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ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to implement Ext.P5 order immediately in all KSRTC services other than super class services but including shuttle Fast Passenger services with route length of less than 140 kms.

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iii) to pass an ad interim order directing the 1^st respondent to implement Ext.P5 order immediately in all KSRTC services other than super class services but including shuttle Fast Passenger services with route length of less than 140 kms pending disposal of the writ petition (civil).

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On this day, when the matter came up for hearing, Mr.Johnson Manayani, learned counsel for the petitioner submitted that in view of the

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subsequent events, prayers sought for in the writ petition have become

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WP(C) NO. 10796 OF 2018

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infructuous. He further submitted that liberty may be granted to file a fresh writ petition, if required.

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Placing on record the abovesaid submission, writ petition is dismissed as

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infructuous. Liberty as prayed for is granted.

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SD/S.MANIKUMAR CHIEF JUSTICE

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SD/SHAJI P. CHALY JUDGE

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jes

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WP(C) NO. 10796 OF 2018

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PROFILE OF CENTRE FOR CONSUMER EDUCATION. EXHIBIT P2 TRUE COPY OF THE REPLY LETTER OF TRANSPORT SECRETARY DATED 11.8.2011. EXHIBIT P3 TRUE COPY OF THE MEMORANDUM DATED 25.5.2017 WITH TRANSLATION. EXHIBIT P4 TRUE COPY OF THE PETITION FOR EXTENSION OF TIME AND AFFIDAVIT DATED 27.1.2018.

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EXHIBIT P5 TRUE COPY OF THE ORDER NO.T.R 4/036992/2011 DATED 23.2.2018 WITH TRANSLATION.

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EXHIBIT P6 TRUE COPY OF THE SCHEDULE POSITION OF KSRTC DATED 9.6.2017. EXHIBIT P7 TRUE COPY OF THE DIRECTION OF STA DATED 4.1.2018. EXHIBIT P8 TRUE COPY OF THE E-MAIL DATED 28.2.2018 ADDRESSED TO THE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE E-MAIL DATED 2.3.2018 TO THE TRANSPORT MINISTER. EXHIBIT P10 TRUE COPY OF THE E-MAIL REMINDER TO THE 1ST RESPONDENT DATED 6.3.2018. EXHIBIT P11 TRUE COPY OF THE MEMORANDUM DTD. 6.3.2018 ADDRESSED TO THE 1ST RESPONDENT WITH TRANSLATION.

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EXHIBIT P12 TRUE COPY OF THE E-MAIL DATED 10.3.2018 ADDRESSED TO THE 1ST RESPONDENT.

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// TRUE COPY //

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P.S. TO JUDGE

Centre for Consumer Education v. the Chairman & Managing Director, Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Centre for Consumer Education v. the Chairman & Managing Director, Kerala State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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