Citation : 2021 Latest Caselaw 21992 Ker
Judgement Date : 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 3rd day of November 2021 / 12th Karthika, 1943
IA.NO.1/2021 IN UNNUMBERED WA OF 2021 (FILING NO. 21734 OF 2021)
AGAINST JUDGMENT DATED 25.11.2020 IN WP(C) 19917/2020 OF THIS COURT.
---
PETITIONER/APPELLANT/3RD PARTY:
RAMAKRISHNAN,S/O.BALAN NAIR,AGED 53 YEARS,
MELAPPATT HOUSE,AMAYUR,PATTAMBI,PALAKKAD.
RESPONDENT/RESPONDENT/PETITIONER & RESPONDENT IN W.P.(C):
1.SHANAVAS,S/O.SIDHEEQ,MULAKKAL HOUSE,
CHERUTHURUTHY,THRISSUR-679531.
2.THE SECRETARY,REGIONAL TRANSPORT AUTHORITY CUM
REGIONAL TRANSPORT OFFICER,COLLECTORATE P.O.,
PALAKKAD-678001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant leave to file
the Writ Appeal, in the interest of justice.
This Application coming on for orders on 03/11/2021 upon perusing
the application and the affidavit filed in support thereof, and upon
hearing the arguments of SRI.I.DINESH MENON, Advocate for the petitioner,
the court on the same day passed the following:
P.T.O.
S. MANIKUMAR, CJ & SHAJI P. CHALY, J
-------------------------------------------------------
I.A.No.1 of 2021
in
Un-numbered Writ Appeal of 2021
(File No.21734/2021)
---------------------------------------------------------
Dated this the 3rd day of November, 2021.
ORDER
S. MANIKUMAR, CJ.
The above interlocutory application is filed seeking leave to file an appeal
against the judgment of a learned Single Judge dated 25.11.2020 in W.P.(C)
No.19917/2020. The reasons assigned in I.A.No.1 of 2021 are reproduced hereunder:
" 2. I am an affected person by the impugned judgment of the learned Single Judge dated 25.11.2020 in W.P.(C) No.19917/2020 wherein I am not made a party. I am a participant while the timings of the 1 st respondent was settled and hence I am necessary party while revising the timings of the 2nd respondent.
3. The findings of the learned Single Judge is against the provisions of law, earlier judgements of this Hon'ble Court and hence it is liable to be interfered at the hands of this Hon'ble Court. Since, I am necessary party and not made party in the above writ petition and the impugned judgment seriously affects me, I prefer this writ appeal with leave of this Honourable Court.
Hence it is humbly prayed that this Honourable Court may be pleased to grant leave in filing the above Writ Appeal, in the interest of justice."
Un-numbered W.A.of 2021 :2:
2. We are satisfied with the reasons assigned in the affidavit filed in
support of I.A.No.1 of 2021. Therefore, leave granted and Registry is directed to
number the Writ Appeal.
sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
smv
03-11-2021 /True Copy/ Assistant Registrar
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