IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WA.No. 717 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.3219/2009 Dated 05/02/2009 .................... APPELLANT: -------------- KERALA STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM. BY ADV. MR. JOHNSON P.JOHN, SC, KSRTC MR. P.V.BABY MR. R.KIRAN MR. BABU JOSEPH KURUVATHAZHA,SC,KSRTC RESPONDENTS : PETITIONER & RESPONDENTS IN WP ----------------------------------------------------------------------------- 1. MRS. SULOCHANA DAMODAR, W/O DAMODAR, M/S. DELIGHT PHARMACY, MAIN ROAD, UPPALA, KASARGOD. 2. STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. THE SECRETARY, STATE TRANSPORT AUTHORITY THIRUVANANTHAPURAM. 4. REGIONAL TRANSPORT OFFICER, KASARGOD. 5. MOTOR VEHICLES INSPECTOR, REGIONAL TRANSPORT OFFICE, KASARGOD. 6. SAKEER HUSSAIN, S/O. S.A. WAHAB, MEHABOOB MANZIL, ANANGOOR, KASARGOD. R1 BY ADV. SRI.SAJEEV KUMAR K.GOPAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. 717 OF 2009 :2: APPELLANT'S ANNEXURES : ANNEXURE A1 : TRUE COPY OF THE JUDGMENT DATED 05.02.2009 IN W.A. NO. 840/07 AND 851/07 /TRUE COPY/ P.A. TO JUDGE MANJULA CHELLUR, Ag. C.J. & P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.A. No. 717 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th day of November, 2011 JUDGMENT Manjula Chellur, Ag.C.J. The first respondent herein filed the writ petition before the learned Single Judge seeking quashing of Ext. P3 and declare that the petitioner was entitled to operate the vehicle in the sector Bellur - Thalapadi, coming within the jurisdiction of the first respondent. 2. After referring to the judgment of the Apex Court in Bundal Khand Mt. Co. Vs. Behari Lal (AIR 1966 SC 455), the learned Single Judge held that, the permit in favour of the first respondent/writ petitioner will remain valid in so far as the sector Bellur - Thalapadi is concerned. This was subject to petitioner getting timings settled by making an appropriate application before the concerned authority. By virtue of this order, the first respondent/writ petitioner was permitted to operate his vehicle, as idling the vehicle would cause prejudice and hardships to him. The permit in the sector Bellur -Thalapadi was allowed to be continued and operated by the first respondent/writ petitioner in terms of timings to be settled by him. 3. Aggrieved by the judgment of the learned Single Judge, the appeal came to be filed by the Kerala State Road Transport Corporation, W.A No. 717 of 2009 :2: contending that, the permit held by the first respondent/writ petitioner is inoperative and invalid for non-obtaining the counter signature of the Transport Authority in Karnataka. After seeking leave of the Court, the appellant was permitted to file this appeal. The permit granted in favour of the first respondent was renewed till 02.03.2010. Subsequently, the learned counsel for the appellant submits that, there is no permit in favour of the first respondent herein. The fact remains is that during the pendency of the appeal, there was no interim order of any kind, restraining the first respondent from plying his vehicle between Bellur-Thalapadi sector. Even otherwise, the permit which was valid till 02.03.2010 was not subsequently renewed. In other words, as on today first respondent has no permit to run his vehicle in the sector Bellur - Thalapadi. In that view of the matter, we are of the opinion that nothing remain for us to consider in this appeal as it has become infructuous. Accordingly, the Writ Appeal is disposed of. Sd/- MANJULA CHELLUR, Ag. CHIEF JUSTICE Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd