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2022 Supreme(Online)(KER) 51541
HIGH COURT OF KERALA
AMIT RAWAL, J
TRANSPORT DEMOCRATIC FEDERATION (TDF) – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/7077/2021
G.S.REGHUNATH, P.RAVINDRAN (SR.), P.DEEPAK, ANIL KUMAR M.SIVARAMAN, BABU JOSEPH KURUVATHAZHA, SRI.M.G.SREEJITH, SMT.K.S.ARCHANA, SRI.KURIAN GEORGE KANNANTHANAM (SR.), SRI.DEEPU THANKAN, K.JAJU BABU (SR.), GOV. PLEADER, SRI.P.VIJAYAKUMAR, S.MANU
The court emphasized adherence to established legal precedents and the implications of previous judgments on current cases, reinforcing the principle of stare decisis.
Headnote:
Dismissal - Writ Petitions - W.P.(C) No.9884 of 2022 - The court reaffirmed its previous decision, dismissing the writ petitions on similar grounds, thus reinforcing the legal precedent established in earlier cases involving transport regulations.
Fact of the Case:
The case involved several writ petitions challenging the decisions related to transport regulations and the establishment of a transportation service, previously addressed in W.P.(C) No.9884 of 2022.
Finding of the Court:
The court found that the issues raised in the current petitions had already been resolved in its prior ruling on W.P.(C) No.9884 of 2022, which dictated a dismissal of the petitions.
Issues: The core issue was whether the current writ petitions could prevail despite the court's previous judgment in W.P.(C) No.9884 of 2022.
Ratio Decidendi: The ratio decided that previous judgments by the court effectively serve as binding precedent, thereby necessitating the dismissal of similar subsequent petitions.
Final Decision: The writ petitions are dismissed.
JUDGMENT
The controversy involved in these cases has already been decided by this Court vide judgment dated 23.3.2022 in W.P.(C) No.9884 of 2022 against the petitioner therein.
In this view of the matter, these writ petitions are also dismissed in terms of the judgment in W.P.(C) No.9884 of 2022.
SD/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 4655/2022 Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE BYE- LAW KERALA TRANSPORT WORKERS UNION.
Exhibit P2 TRUE COPY OF THE RESOLUTION DATED 1.1.2022 OF THE STATE EXECUTIVE COMMITTEE OF KERALA TRANSPORT WORKERS UNION.
Exhibit P3 TRUE COPY OF THE G.O.(MS) NO.
58/2021/TRANS DATED 11.12.2021 ISSUED BY THE IST RESPONDENT.
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE MOTOR VEHICLE AGGREGATE GUIDELINES 2020 ISSUED BY THE GOVERNMENT OF INDIA.
RESPONDENT'S EXHIBITS:
TRUE COPY OF THE G.O(MS)NO.315/2016/FIN R1(A) DATED 8.8.2016 APPENDIX OF WP(C) 5573/2021 EXHIBIT P1 TRUE COPY OF THE ORDER DATED 30.6.2015 IN WPC NO.25879/2014.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.3.2019 IN R.P.NO.624/2015 IN WPC NO.25879/2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 8.4.2019IN W.A.NO.1011/2019 AND CONNECTED WRIT PETITIONS.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 8.5.2019 OF THE HON'BLE SUPREME COURT IN SPECIAL LEAVE TO APPEAL NO.11034/2019.
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM ISSUED BY THE
3RD RESPONDENT DATED 28.6.2019.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 11.6.2019 IN W.A.NO.2504/2017.
EXHIBIT P7 TRUE COPY OF THE ADDITIONAL AFFIDAVIT FILED BY THE 3RD RESPONDENT IN CONT, CASE(C) NO.1375/2019 DATED 29.8.2019.
EXHIBIT P8 TRUE COPY OF THE MEMORANDUM ISSUED BY THE EXECUTIVE DIRECTOR (ADMINISTRATION) OF THE
2ND RESPONDENT DATED 28.9.2019.
EXHIBIT P9 TRUE COPY OF THE GOVERNEMNT ORDER G.O.(MS)
NO.7/2021/TRANS DATED 19.2.2021 ISSUED BY THE IST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER G.O(M.S)NO.58/2021/TRANS DATED 11.12.2021 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(a) A TRUE COPY OF MEMORANDUM NO.PL12/000133/07 DATED 31.1.2008 ISSUED TO THE 1ST PETITIONER.
EXHIBIT R5(b) A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(b) A TRUE COPY OF CASH RECEIPT DATED 602.2008 ISSUED TO THE PETITIONER BY THE ASSISTANT TRANSPORT OFFICER, KANIYAPURAM DEPOT OF THE KSRTC.
EXHIBIT R5(c) A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(c) A TRUE COPY OF ATTENDANCE DETAILS ISSUED TO THE 1ST PETITIONER BY THE PUBLIC INFORMATION OFFICER OF VIKAS BHAVAN DEPOT VIDE NO.C1 RTI A/6198/18/VKBN DATED NIL.
EXHIBIT R5(d) A TRUE COPY OF THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECT OF THE KERALA STATE ROAD TRANSPORT CORPORATION) ACT 1970.
APPENDIX OF WP(C) 5901/2021 Exhibit P1 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.29324/2012 DATED 4.1.2013 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN WPC 24539/2013 DATED 21.2.2014 Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED
30/6/2015 IN WPC NO 2460/2015 TRUE COPY OF THE JUDGMENT OF THE HON'BLE Exhibit P4 DIVISION BENCH IN WPC 2460/2015 DATED
8.4.2019 TRUE COPY OF THE ORDER PASSED BY THE Exhibit P5 HON'BLE SUPREME COURT IN SLP NO.11034/2019 Exhibit P6 TRUE COPY OF THE NEWS REPORT CAME IN KERALA KAUMUDI DAILY DATED 3RD JULY 2019 Exhibit P7 TRUE COPY OF THE ORDER GO(MS) NO 7/2021 TRANS DATED 19.2.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ORDER NO 402/GL2/2021/RTC DATED 24.2.2021 ISSUED BY THE CHAIRMAN OF CHAIRMAN Exhibit P9 TRUE COPY OF THE MEMORANDAM/ORDER ISSUED BY THE MANAGING DIRECTOR OF KSRTC DATED
26.2.2021 Exhibit P10 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC 7077/2021 DATED
18.3.2021 Exhibit P11 TRUE COPY OF THE MEMORANDAM ISSUED BY THE CHAIRMAN OF KSRTC DATED 12.7.2021 Exhibit P12 TRUE COPY OF THE G.O MS NO 58/
