In this combined judgment, the Hon'ble Court held that the cause of action in writ petitions regarding the timing of stage carriage permits no longer subsists due to a subsequent arrangement between petitioner and respondent. The writ petitions were closed with liberty to revive.
Writ petitions ordered to be closed with liberty to revive the matter.
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 AMIT RAWAL
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 28384 OF 2021
PETITIONER/S:
M.M.JOHNSON AGED 53 YEARS S/O. MATHAI, MANANKUNNEL HOUSE, MANNAMANGALAM P.O, THRISSUR.
BY ADVS. I.DINESH MENON L.RAJESH NARAYAN
RESPONDENT/S:
1 SECRETARY, REGIONAL TRANSPORT AUTHORITY PALAKKAD, REGIONAL TRANSPORT OFFICE, PALAKKAD P.O, PALAKKAD - 678001.
2 R. KRISHNADAS, S/O. NARAYANAN NAIR, SEETHALAYAM, METTUPALAYAM, THATHAMANGALAM P.O, PALAKKAD - 678101.
3 THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT P.O, THIRUVANANTHAPURAM - 695023.
BY ADVS. O.D.SIVADAS K.S.SAMEERA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, ALONG WITH WP(C).28937/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28384 OF 2021 and conctd. Case
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 28937 OF 2021
PETITIONER/S:
S.MOHAMMED SALIM AGED 57 YEARS S/O. SANTH MOHAMMED, CHAKKARAKIZHAVAN HOUSE, EAST STREET, KODUVAYUR, PALAKKAD.
BY ADVS. I.DINESH MENON L.RAJESH NARAYAN
RESPONDENT/S:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, ALONG WITH WP(C).28384/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28384 OF 2021 and conctd. Case 3
JUDGMENT
There is a dispute amongst the petitioner and the party respondent with regard to the timing of the plying of the stage carriage permits, impelling the petitioner to approach this Court. During the pendency of the writ petition there has been an arrangement and understanding between the party respondent and the petitioner. In this view of the matter, the cause of action accrued at the earlier point of time to the petitioner no longer subsists. Writ petition is ordered to be closed. Liberty is granted to revive the matter in case something survives.
Sd/-
sab
AMIT RAWAL
JUDGE
WP(C) NO. 28384 OF 2021 and conctd. Case 4
APPENDIX OF WP(C) 28937/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE PERMIT DATED 15-09-2018 ISSUED BY THE FIRST RESPONDENT |
|---|---|
| Exhibit P2 | TRUE COPY OF THE JUDGMENT IN WP(C0) NO 11837/2020 DATED 21-07-2020 |
| Exhibit P3 | TRUE COPY OF THE PROCEEDING DATED 29-07- 2021 ISSUED BY THE FIRST RESPONDENT |
| Exhibit P4 | TRUE EXTRACT OF THE TIMING NOTICE DATED 3- 12-2021 ISSUED BY THE FIRST RESPONDENT |
| Exhibit P5 | TRUE COPY OF THE ORDER IN UNNUMBERED CON.APPEAL DATED 1-7-2020 |
| Exhibit P6 | TRUE COPY OF THE JUDGMENT IN CON.APPEAL NO. 2/2020 DATED 10-07-2020 |
| Exhibit P7 | TRUE COPY OF THE DECISION IN 1992(2) KLT 883 |
| Exhibit P8 | TRUE COPY OF THE DECISION IN 1995 (1) KLJ 296 |
| Exhibit P9 | TRUE COPY OF THE JUDGMENT IN WP(C) NO. 7880/2019 DATED 29-11-2021 |
| Exhibit P10 | TRUE COPY OF THE OBJECTION DATED 4-12-2021 |
| Exhibit P11 | TRUE COPY OF THE PROCEEDINGS DATED 30-07- 2019 ISSUED BY THE FIRST RESPONDENT. |
| Exhibit P12 | TRUE COPY OF THE MEMORANDUM IN MVARP NO. 78/2020 DATED 19-06-2020 WITHOUT EXHIBITS. |
WP(C) NO. 28384 OF 2021 and conctd. Case 5
APPENDIX OF WP(C) 28384/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE PERMIT DATED 15.09.2018 ISSUED BY THE FIRST RESPONDENT. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE JUDGMENT IN WP(C) NO. 25532/2019 DATED 16.12.2019. |
| Exhibit P3 | TRUE COPY OF THE PROCEEDING DATED 19.06.2020 ISSUED BY THE FIRST RESPONDENT. |
| Exhibit P4 | TRUE EXTRACT OF THE TIMING NOTICE DATED 3.12.2021 ISSUED BY THE FIRST RESPONDENT. |
| Exhibit P5 | TRUE COPY OF THE DECISION IN 1992(2) KLT 883. |
| Exhibit P6 | TRUE COPY OF THE DECISION IN 1995(1)KLT 296. |
| Exhibit P7 | TRUE COPY OF THE JUDGMENT IN WP(C) NO. 7880/2019 DATED 29.11.2021. |
| Exhibit P8 | TRUE COPY OF THE OBJECTION DATED 4.12.2021. |
| Exhibit P9 | TRUE COPY OF THE PROCEEDINGS DATED 30.07.2019 ISSUED BY THE FIRST RESPONDENT. |
| Exhibit P10 | TRUE COPY OF THE MEMORANDUM IN MVARP NO. 89/2020 DATED 25.06.2020 WITHOUT EXHIBITS. |
2 issues framed by the court
Whether a dispute regarding the timing of stage carriage permits requires adjudication when an arrangement exists between parties.
Whether the cause of action for a writ petition relating to permit timing still subsists after a settlement between parties.
M.M.JOHNSON
SECRETARY, REGIONAL TRANSPORT AUTHORITY PALAKKAD
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
