Kerala State Road Transport ... vs T.Hyderali

Citation : 2022 Latest Caselaw 8845 Ker
Judgement Date : 7 July, 2022

Kerala High Court
Kerala State Road Transport ... vs T.Hyderali on 7 July, 2022
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
                             WA NO. 843 OF 2022

    AGAINST JUDGMENT DATED 12.01.2022 IN WP(C) 8702/2021 OF THIS COURT

                                     ---

APPELLANT/3RD RESPONDENT:

     KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY DISTRICT
     TRANSPORT OFFICER, NATIONAL HIGHWAY-66,EDODI ROAD,EDODY,VATAKARA-673
     101.

BY STANDING COUNSEL SRI.P.C.CHACKO

RESPONDENTS/PETITIONER & 1,2 RESPONDENTS:

  1. T.HYDERALI, AGED 55 YEARS,S/O. IBRAHIM, THARAVATTATH HOUSE,
     NARIPATTA, KALLACHI, KOZHIKODE- 673 506.
  2. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA, REPRESENTED BY ITS
     SECRETARY, MINI CIVIL STATION, BADAGARA, VATAKARA- 673 104.
  3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, MINI CIVIL
     STATION, BADAGARA, VATAKARA -673 104.

BY SENIOR GOVERNMENT PLEADER FOR R2 & R3

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to pass an order staying all further proceedings in pursuance of the
judgment dated 12.01.2022 in WP(C) No.8702 of 2021 pending final disposal
of the Writ Appeal.
     This Writ Appeal coming on for admission on 07/07/2022 upon perusing
the appeal memorandum, the court on the same day passed the following:

                                                                    P.T.O.
                      S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
                  ---------------------------------------------------------
                                  W.A. No. 843 of 2022
                   ---------------------------------------------------------
                            Dated this the 7th day of July, 2022.

                                            ORDER

S. MANIKUMAR,CJ.

The issue involved in this case is similar to W.A. No. 772 of 2022 filed by the Kerala State Road Transport Corporation challenging the very same common judgment dated 12.01.2022.

2. By order dated 27.06.2022, this Court, posted W.A. No. 772 of 2022 along with W. A. No. 931 of 2020, in which case while admitting the matter, an interim order of stay was also granted.

3. Therefore, instant appeal is also admitted. Learned Senior Government Pleader takes notice for respondent Nos. 2 and 3. Issue notice to the first respondent by speed post returnable in 10 days.

4. There shall be an interim stay of operation of impugned judgment dated 12.01.2022 in W.P.(C) No. 8702 of 2021.

Post the matter along with W.A. No. 772 of 2022 and connected cases.

sd/-

S. MANIKUMAR, CHIEF JUSTICE.

sd/-

SHAJI P. CHALY, JUDGE.

Rv 07-07-2022 /True Copy/ Assistant Registrar