Citation : 2024 Latest Caselaw 27472 Ker
Judgement Date : 11 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
MJC NO. 131 OF 2024
WP(C) 40183/2023 OF HIGH COURT OF KERALA, ERNAKULAM
APPLICANTS/PETITIONER IN WP(C):
1. BINEESH BABU, AGED 31 YEARS, S/O M S BABU, MARAMATTATHIL HOUSE,
AMBARANIRAPPIL (P.O.), KOTTAYAM, PIN - 686578
2. VINOD, AGED 39 YEARS, PUTHENVEEDU, EDAMATTAM, POOVARANY, IDAMATTOM,
KOTTAYAM, PIN - 686578
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. REGIONAL TRANSPORT AUTHORITY, PALA, REPRESENTED BY IT'S SECRETARY,
PIN - 686575
3. THE ASSISTANT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT
OFFICE, PALA, PIN - 686575
4. SUB INSPECTOR OF POLICE, PALA POLICE STATION, KOTTAYAM, PIN - 686575
5. BHARANANGANAM GRAMA PANCHAYATH, REPRESENTED BY IT'S SECRETARY,
BHARANANGANAM, KOTTAYAM, PIN - 686578
MJC praying that in the circumstances stated in the affidavit filed
therewith, the High Court be pleased to set aside the order dated 24/7/24
dismissing the Writ Petition for default and restore the case on file.
This Miscellaneous jurisdiction case coming on for orders upon
perusing the petition and the affidavit filed in support thereof and this
court's judgment dated 24.07.2024 in WP(C)40183/2023 and upon hearing the
arguments SRI.NIDHI BALACHANDRAN, Advocate for the petitioner in
MJC/W.P(C), GOVERNMENT PLEADER for R1 in MJC/WP(C), SRI.PRAKASH
C.VADAKKAN, Advocate for R5 in MJC/WP(C), the court passed the following:
DINESH KUMAR SINGH, J.
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MJC No.131 of 2024 IN
WP(C) No.40183 of 2023
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Dated this the 11th day of September, 2024
ORDER
Allowed.
2. The judgment dated 24.07.2024 dismissing WP(C)
No.40183/ 2023 for non prosecution is recalled.
3. The above writ petition is restored to its original
number.
Post the writ petition on 30.09.2024.
Sd/-DINESH KUMAR SINGH JUDGE lsn
11-09-2024 /True Copy/ Assistant Registrar
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