Athika vs Kerala State Road Transport ...
2021 Latest Caselaw 13019 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
                   WP(C) NO. 1614 OF 2020
PETITIONER/S:

          ATHIKA
          AGED 54 YEARS
          W/O. BAPPANKUNHI, PADPU HOUSE, OLD ROAD,
          ARIKADY, KUMBLA, KASARAGOD-671 321.
          BY ADVS.
          P.B.KRISHNAN
          SRI.P.B.SUBRAMANYAN
          SRI.SABU GEORGE
          SMT.B.ANUSREE
          SRI.MANU VYASAN PETER
          SMT.MEERA P.

RESPONDENT/S:

    1     KERALA STATE ROAD TRANSPORT CORPORATION
          REPRSENTED BY ITS CHAIRMAN AND MANAGING
          DIRECTOR, TRANSPORT BHAVAN, FORT,
          THIRUVANANTHAPURAM-695 023.
    2     DISTRICT TRANSPORT OFFICER
          K.S.R.T.C KASARAGOD, THULUNADU COMPLED,
          KASARAGOD-671 121.
    3     THE ASSISTANT TRANSPORT OFFICER
          K.S.R.T.C., KASARAGOD, THULUNADU COMPLEX,
          KASARAGOD-671 121.
          BY ADV SRI.DEEPU THANKAN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.1614 of 2020

                                    -2-



                              JUDGMENT

Dated this the 17th day of June, 2021

Petitioner's husband was running a canteen in

the KSRTC complex at Kasaragod. After her

husband's death, petitioner continued the

business and had been paying licence fee. The

writ petition is filed aggrieved by Ext.P8 order

by which the petitioner was called upon to vacate

the premises.

2. Sri.P.B.Subramanyan, learned Counsel for

the petitioner submits that the petitioner has

already vacated the premises and the interest

free security deposit made by her husband has

been refunded.

In such circumstances, nothing survives for

consideration in the writ petition. The writ

petition is accordingly closed, reserving the

petitioner's liberty to agitate her grievances W.P.(C) No.1614 of 2020

regarding the balance amount, if any, due. If

any decision is taken by the Corporation with

regard to the balance amount, the same shall be

communicated to the petitioner.

Sd/-

V.G.ARUN JUDGE

Scl/17.06.2021 W.P.(C) No.1614 of 2020

APPENDIX OF WP(C) 1614/2020

PETITIONER ANNEXURE EXHIBIT P1 DATED 4.1.2016, TRUE COPY OF THE LICENCE DEED EXECUTED BETWEEN THE PETITIONER'S HUSBAND AND THE RESPONDENTS.

EXHIBIT P2 DATED 10.8.2018, TRUE COPY FOT HE DEATH CERTIFICATE ISSUED BY THE MUNCIPAL CORPORATION MANGALORE. EXHIBIT P3 DATED 7.1.2019, TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE RESPONDENTS.

EXHIBIT P4 DATED 2.2.2019, TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT CORPORATION.

EXHIBIT P5 DATED 5.2.2019, TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT CORPORATION.

EXHIBIT P6 DATED 6.3.2019, TRUE COPY OF THE GST INVOICE ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P7 DATED 15.3.2019, TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT CORPORATION.

EXHIBIT P8 DATED 31.12.2019, TRUE COPY OF THE NOTICE NO.GL1/4980/19/KCDE ISSUED BY THE RESPONDENTS.

EXHIBIT P9 DATED 13.1.2020, TRUE COPY OF THE REPLY TO EXT.P8 SENT BY THE PETITIONER.

EXHIBIT P10 DATED 2.12.2019, TRUE COPY OF THE CONSENT LETTER EXECUTED BY THE CHILDREN OF THE PETITIONER EXHIBIT P11 DATED 2.12.2019, TRUE COPY OF THE LETTER GIVEN BY THE PETITIONER TO THE RESPONDENTS Respondent's Exhibits

EXHIBIT R1 TRUE COPY OF THE ORDER DATED 19/1/2019 W.P.(C) No.1614 of 2020

EXHIBIT R1(b) TRUE COPY OF THE AUCTION NOTICE DATED 19/1/2019 EXHIBIT R1(c) TRUE COPY OF THE OFFICE MEMORANDUM DATED 21/12/2019 EXHIBIT R1(d) TRUE COPY OF THE TERMS AND CONDITIONS FOR ALLOTMENT OF SHOPS/OFFICE SPACE ISSUED BY KSRTC, KASARAGOD,DT.NIL EXHIBIT R1(e) TRUE COPY OF THE AUCTION NOTICE DATED 31/12/2019 EXHIBIT R1(f) TRUE COPY OF THE MEMORANDUM DATED 25/01/2020