IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.4921 OF 2015 (EDN-RES) BETWEEN:
AMBER VALLEY RESIDENTIAL SCHOOL (AFFILIATED TO THE INDIAN COUNCIL OF SECONDARY EDUCATION), REPRESENTED BY ITS PRINCIPAL, MUGTHIHALLI, CHICKMANGALUR-577 101.
(BY MS. SHALINI, ADVOCATE FOR SRI SHREYAS JAYASIMHA, ADVOCATE) AND:
SRI I. M. NAGARAJ SON OF I.P. MALLEGOWDA, AGED ABOUT 46 YEARS, RESIDING AT KITTUR ESTATE, GENDEHALLI POST, BELUR TALUK, HASSAN DISTRICT-577 201.
... APPELLANT ... RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.56628 OF 2014 DATED 11.03.2015.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order passed by the learned Single Judge in disposing off the writ petition in terms of the concession made by the appellant – respondent, the present appeal is filed.
2. The respondent herein filed the instant writ petition seeking for a direction to the petitioner therein to issue the Transfer Certificate wherein a demand for Rs.62,000/- with costs at 18% was sought for by the School. At para-12 of the order passed by the learned Single Judge, it was noted that the counsel for the respondent will instruct the respondent to issue a fresh Transfer Certificate by deleting the aforesaid note. Challenging this order, the instant appeal is filed. We fail to understand as to how an appeal could be filed inspite of the concession made by the appellant. The respondent very fairly submitted as noted by the learned Single Judge that they would issue a fresh Transfer Certificate by deleting the aforesaid note. Under these circumstances, we are of the view that the writ appeal is nothing but an abuse of the process of the Court. Hence, this writ appeal is dismissed with costs of Rs.25,000/- to be paid by the appellant with the Registry by next week.
Call next week for compliance.
Sd/- Sd/-
JUDGE JUDGE Rsk/-