N MUTHU GOUNDER Vs. O JAGADEESH

JUDGEMENT

(1.) The above writ petition was originally filed against respondents 1 to 3 and the same was disposed of by me on 23-12-1993 on the basis of the joint memo signed by the counsel on either side viz., Mr. C. R. Krishnamurthi for the petitioner and Mr. V. A. Sadagopan for the 1st respondent, by passing the following Order :

(2.) The writ petition was admitted by me on 10-11-1993 and on receipt of notice, the 1st respondent, who is the only contesting respondent in this case, appears through his counsel Mr. V. A. Sadagopan. Both parties have now filed a joint memo signed by the counsel on either side, namely Mr. C. Krishnamurthy for petitioner and Mr. V. A. Sadagopan for the 1st respondent. The Memo reads thus:

(3.) The memo is recorded. The order of the State Transport Appellate Tribunal is modified only in regard to the departure timings of the petitioner's vehicle. The 2nd respondent Secretary, Regional Transport Authority, Gobichettipalayam, Periyar District is directed to give effect to this joint memo and will endorse the timings as agreed to by parties in the permit. The writ petition is disposed of in the above terms." 2A. One P. Lakshmi, who has been impleaded as 4th respondent as per order of this Court dated 21-3-1994 in WMP No. 5325 of 1994, has filed W. M. P. No. 5326 of 1994 to set aside the order passed in W. P. No. 20120 of 1993 dated 23-12-1993 and to restore the writ petition to file. According to her, she was a party before the original authority/2nd respondent and at the instance of her objections, the identical departure time of 12.20 p.m. was avoided. She had no knowledge of the pendency of the appeal and no notice was issued to her from the office of the 3rd respondent. She came to know about the same only recently. She therefore prayed for setting aside the order of this Court dated 23-12-1993. 3. I heard the matter for some time and at the time of hearing, Mr. C. R. Krishnamurthi, learned counsel for the petitioner and Mr. V. A. Sadagopan, learned counsel for the 1st respondent represented that they have no objection to allow WMP No. 5326 of 1994 and to set aside the order passed by this Court in the main Writ Petition on 23-12-1993. Both parties were asked to file a joint memo duly signed by the parties. Accordingly, the writ petitioner and the 1st respondent filed a joint memo dated 24-3-1994 signed by the parties and their respective counsel, which reads as follows: