K.P.Kunjan vs State Of Kerala
2021 Latest Caselaw 23155 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
       Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
                          WP(C) NO. 6411 OF 2021(B)
PETITIONERS:

  1. K.P.KUNJAN, AGED 68 YEARS, S/O.PADMANABHAN, RESIDING AT
     ILLIPPARAMBIL HOUSE, KARAPPUZHA P.O., KOTTAYAM DISTRICT - 686 003
     (CHARGE-MAN, RETIRED ON 30/4/2007 FROM CHANGANACHERY).
  2. A.V.FRANCIS, AGED 62 YEARS, S/O.VARKEY, RESIDING AT ARACKATHAZHATH,
     UDAYAMPEROOR P.O., ERNAKULAM DISTRICT - 682 307 (ASSISTANT DEPOT
     ENGINEER, RETIRED ON 31/5/2014 FROM ERNAKULAM DEPOT).

RESPONDENTS:

  1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, TRANSPORT (A)
     DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 023.
  2. THE KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING
     DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.
  3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,
     TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM - 695 023.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to cancel the P3 illegal order in the
light of P5 judgment, pending disposal of the above Writ Petition (Civil).




     This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.K.P.JUSTINE (KARIPAT) & SRI.A.JOSEPH GEORGE (AZHIKKAKATH), Advocates
for the petitioners, STANDING COUNSEL for R2 & R3 and of SENIOR GOVERNMENT
PLEADER for R1, the court passed the following:
      EXHIBIT P-5:- TRUE COPY OF THE JUDGMENT DATED 03-7-2013 IN
WP(C)No.13798/2021.

     EXHIBIT P-3:- TRUE COPY OF THE ORDER NO.G.O.(RT)NO.98/2021/TRANS.
DATED 25-02-2021.
                                  AMIT RAWAL, J.
                          =================
                     W.P.(C). No.5417, 6411 & 12062 of 2021
                       =====================
                    Dated this the 24th day of November, 2021

                                     ORDER

This Court on 23.06.2021 passed an order granting

opportunity to file counter, making it clear that defence would be

struck off if not filed, but no counter affidavit has been filed.

Today again Sri.Deepu Thankan sought adjournment for filing

the counter affidavit. In the interest of justice three weeks' time

is granted to file the counter affidavit subject to the payment of

cost of Rs.3,000/- (Three thousand only) in all the three cases to

the Bar Association of Kerala High Court, to be paid by the officer

responsible in not preparing the counter affidavit or not rendering

assistance to the counsel. The proof thereof shall also be placed

on record along with the counter affidavit.

Post on 20.01.2022

Sd/-

AMIT RAWAL, JUDGE naksaontesting respondents seeCCcC

24-11-2021 /True Copy/ Assistant Registrar