Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5132 OF 2009
(Arising out of SLP(C)No. 24197/2007)
Deepu S.Kumar ...Appellant(s)
Versus
K.S.R.T.C. Sree C.T.COOL OF
...Respondent(s)
ENG. STY. & ORS.
WITH
CIVIL APPEAL NO. 5131 OF 2009
(Arising out of SLP(C) No. 25407/2007
O R D E R
In C.A...../2009 @ SLP(C) 25407/2007
Leave granted.
Mr. T.L.V. Iyer, the learned senior counsel for the appellant
has taken us to the affidavit of Mr. B.R.Mohan Kumar, Law Officer to
the Government of Kerala, on behalf of the State of Kerala, to the
effect that respondent No.3 is indeed a State and, thus, amendable to
the writ jurisdiction of the Court under Art.226 of the Constitution. He
further states that in this view of the matter, the appeal needs to be
allowed as the writ petition had been dismissed by the High court on
the short ground that Respondent No.3 was not amenable to the writ
jurisdiction of the High Court.
-2-
We accordingly allow this appeal and set aside the impugned
order and remit the case to the High Court for a fresh decision on
merits. In the light of the fact that some of the appellants are no longer
in service, we request the High Court to dispose of the matter within
six months, if possible .
In C.A.No...../2009 @ SLP(C) NO. 24197/2007
Leave granted.
In view of the order passed in C.A.No. 5132/2009 @ SLP(C)
No. 24197/2007, we allow this appeal and set aside the impugned order
and remit the case to the High Court for a fresh decision on merits. In
the light of the fact that some of the appellants are no longer in
service, we request the High Court to dispose of the matter within six
months, if possible .
................ .J.
(HARJIT SINGH BEDI)
.
..................J.
(J.M. PANCHAL)
New Delhi,
July 31, 2009.