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THIRUVANANTHAPURAM CITY PASSENGERS' v. SMT. SHABEELA BEEVI - WA No. 1996 of 2007  RD-KL 15823 (16 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWA No. 1996 of 2007()
1. THIRUVANANTHAPURAM CITY PASSENGERS'
1. SMT. SHABEELA BEEVI,
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
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
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
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
"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/
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