IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 28951 of 2009(L) -------------------------- PETITIONER(S): --------------- JOHN VARGHESE, AGED 43 YEARS, S/O.LATE T.U.VARGHESE (RETIRED DTO), THOTTAPPALLIL HOUSE, KUTHIATHODE P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.P.JUSTINE RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT PO, THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM-23. 3. THE ASSISTANT PERSONNEL OFFICER(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O.,THIRUVANANTHAPURAM. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHERTHALA. BY SRI.JOHNSON P.JOHN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28951 OF 2009 ------------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT “C.R.” 1.The petitioner's father was a servant of Kerala State Road Transport Corporation. On his death, family pension was ordered to be paid to the widow. Later, she went abroad and returned. KSRTC failed to release the arrears. She, therefore, filed a writ petition. While that was pending, she died in November, 2008. When that matter came up later, it was submitted by the learned counsel whom she had engaged that her legal heirs are not interested in coming on record to prosecute that writ petition. Recording that submission, W.P (C).30665/08 was dismissed as abated on 2.4.2009 as per Ext.P2 judgment. Now, the petitioner says that after that, the parties obtained heirship certificate etc. and has moved the competent authority for release of the amount and that the said representation should be considered. This is an era where the underprivileged and others, if grievances subsisting, WPC.28951/09 Page numbers do not find space or time under the judicial system to seek redressal of their grievances. If writ petitions are filed at the drop of a hat, including on grounds on which reliefs could have been easily obtained elsewhere or even earlier, this clogging agony of the judicial system can never be rectified in favour of the citizens. One fails to understand why the legal heirs of Thresiamma, who were not interested to come on record in her writ petition, now seek relief by filing a separate writ petition, as is done now. May be that the learned counsel who had been appearing in that writ petition could be criticised of having made a submission without proper authority since his engagement as per the vakalathnama was co-terminus with the death of Thresiamma. Be that as it may, the closure of a matter as abated does not deprive the legal representatives even to apply for setting aside abatement and to re-open that writ petition. 2.Multiplicity of litigations and necessity to stop the peril of repeated writ petitions on the same cause of action is a matter WPC.28951/09 Page numbers of abundant public interest and this is quite clear in different provisions of the Code of Civil Procedure, including Sections 10, 11, Order 22 Rule 9 etc. The different decisions of the Apex Court and of this Court stand to advise that the procedure prescribed under the C.P.C. is founded on the fundamental principles of natural justice and unless it is necessary to exclude the application of C.P.C. on grounds of grave inconvenience etc., it would always be advisable to follow the broad principles of the Code even in writ matters. Looking at Order 22 Rule 9, which stands for more than a century and half now, when a suit abates or is dismissed for non impleadment, no fresh suit shall be brought on the same cause of action. This principle applies and should apply in public interest even to writ jurisdiction. For the aforesaid reasons, the petitioner not having invoked the jurisdiction to set aside the abatement in the earlier matter, I do not find that this writ petition should be entertained on a cause of action which is one germinating out of late Thresiamma's rights. The writ petition fails. The same is accordingly dismissed, WPC.28951/09 Page numbers preserving the right to set aside abatement and impleadment in the earlier matter. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.28/10.