High Court Kerala High Court

Kerala Bus Transport Association vs State Of Kerala on 4 August, 2009

Kerala High Court
Kerala Bus Transport Association vs State Of Kerala on 4 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16719 of 2009(H)


1. KERALA BUS TRANSPORT ASSOCIATION,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. COMMISSIONER OF POLICE, ERNAKULAM.

3. ASSISTANT COMMISSIONER OF POLICE,

                For Petitioner  :SRI.RAJESH VIJAYAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :04/08/2009

 O R D E R
                 S.R.BANNURMATH, C.J. &
                   KURIAN JOSEPH,J.
        -------------------------------------------------
               W.P(C)No.16719 of 2009
       --------------------------------------------------
          Dated this the 4th day of August, 2009

                            JUDGMENT

Kurian Joseph,J.

Petitioner approached this court in public interest praying

for a direction to the second and third respondents to take

appropriate action on their representations. The following are

the main prayers:-

(a) issue a writ of mandamus or any other

appropriate writ, order or direction,

directing the second and third respondents

not to take the stage carriages in custody

during its trip without breaking the service;

(b) issue a writ of mandamus or any other

appropriate writ, order or direction,

directing respondents 2 and 3 to issue

atleast 48 hours sufficient notice mentioning

the offence, in case the custody of the

vehicle is necessary;

W.P(C).No.16719 of 2009

-:2:-

(c) issue a writ of mandamus or any other

appropriate writ, or order, directing the second

and third respondents to release the vehicle

when the vehicle is taken in custody after

giving notice immediately or within a time limit

as prescribed by this Honourable Court.

(d) issue a writ of mandamus or any other

appropriate writ, order or direction, directing

respondents 2 and 3 to issue receipt for the

documents collected if any by the Police

Officers from the crew or owner of the stage

carriage.

We are afraid, there cannot be any direction by this court as far

as prayers, especially, (a) to (c) are concerned. We find that the

petitioner has filed a detailed representation before the 3rd

respondent. The learned Government Pleader submits that the

3rd respondent will look into the same with notice to the petitioner

and take appropriate action in accordance with law in the matter

W.P(C).No.16719 of 2009

-:3:-

expeditiously. The submission is recorded. Therefore, no

further orders are necessary in this writ petition.

The writ petition is disposed of as above.

S.R.BANNURMATH,
Chief Justice

KURIAN JOSEPH,
Judge

ahg.

BANNURMATH, C.J. &
KURIAN JOSEPH,J.

—————————
W.P(C)No.16719 of 2009

—————————-

JUDGMENT

4th August, 2009