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THIRUVANANTHAPURAM CITY PASSENGERS' versus SMT. SHABEELA BEEVI

High Court of Kerala

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THIRUVANANTHAPURAM CITY PASSENGERS' v. SMT. SHABEELA BEEVI - WA No. 1996 of 2007 [2007] RD-KL 15823 (16 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1996 of 2007()

1. THIRUVANANTHAPURAM CITY PASSENGERS'
... Petitioner

Vs

1. SMT. SHABEELA BEEVI,
... Respondent

2. SRI.V. SREEKUMAR,

3. THE REGIONAL TRANSPORT AUTHORITY,

4. THE SECRETARY,

5. KERALA STATE ROAD TRANSPORT CORPORATION,

6. THE STATE TRANSPORT APPELLATE TRIBUNAL,

For Petitioner :SMT.E.V.MOLY

For Respondent :SRI.K.V.GOPINATHAN NAIR

The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN

Dated :16/08/2007

O R D E R

H.L.DATTU, C.J. & K.T.SANKARAN,J.

W.A. NO. 1996 OF 2007

Dated this the 16th August, 2007



JUDGMENT

H.L.DATTU, C.J. Appellant is an Association. It had called in question the order passed by the State Transport Appellate Tribunal, Ernakulam in M.V.A.A.Nos.370 and 372 of 2005, dated 24th August, 2005 by filing a Writ Petition before this Court. The learned single Judge by its judgment dated 22nd March, 2007 has rejected the Writ Petition. Aggrieved by the said judgment, the Association is before us in this Writ Appeal.

2. In our opinion, first and foremost, the learned single Judge ought not to have entertained the Writ Petition, since an association cannot maintain a Writ Petition before this Court. To come to that conclusion, we rely upon the observation made by the Apex Court in the case of Mahinder Kumar Gupta and others v. Union of India [(1995) 1 SCC 85]. In the said decision, the Apex Court has observed that:

"An association cannot file a Writ Petition as it has no fundamental right."

3. In view of the law declared by the Apex Court, the learned single Judge ought to have rejected the Writ Petition without going into the merits or demerits of the case pleaded by the Association. W.A. NO.1996 OF 2007

4. Even otherwise also, the findings and the conclusions reached by the learned single Judge are unassailable. Therefore, Writ Appeal requires to be rejected and accordingly it is rejected. Ordered accordingly. (H.L.DATTU) Chief Justice (K.T.SANKARAN) Judge ahz/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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