IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
WP(C) NO. 8549 OF 2021
PETITIONER:
0
T.S.RAMESHKUMAR,S/O.SANKARAPILLAI T.S.,
AGED 45 YEARS, RESIDING AT THACHUPARAMBIL
HOUSE, NEAR P & T QUARTERS,
THODUPUZHA, PIN-685 584.
BY ADV P.ABANI
RESPONDENTS:
1 TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O.,
THRIVANDRUM PIN-695 014.
2 REGIONAL TRANSPORT OFFICER,
CIVIL STATION, KUYILIMALA,
PAINAV P.O., IDUKKI,PIN-685 603.
3 REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA, ERNAKULAM, PIN-686 661.
4 SUB REGIONAL TRANSPORT OFFICER,
MINI CIVIL STATION,
THODUPUZHA, PIN-685584.
5 DEPUTY SUPERINTENDENT OF POLICE,
POLICE STATION, THODUPUZHA, PIN-685 584.
6 DEPUTY SUPERINTENDENT OF POLICE,
MUVATTUPUZHA,PIN-686 661.
7 RAJESH V.S., S/O. SREEDHARAN, 3/2010,
VETTUKATTIL HOUSE, AVOLI P.O.,
ANIKKAD,MUVATTUPUZHA-686 661.
WP(C) Nos.8549 & 11384 of 2021
:2 :
8 SUKUMARAN V.N., S/O.NEELAKANDAN,
4/55, VETTUKATTIL HOUSE,
ADOOPARAMBU, MUVATTUPUZHA-688 661.
BY ADV SRI.I.DINESH MENON
GOVERNMENT PLEADER SMT. B.VINITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2021, ALONG WITH WP(C).11384/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8549 & 11384 of 2021
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
WP(C) NO. 11384 OF 2021
PETITIONERS:
1 V.N.SUKUMARAN, VETTUKATTIL HOUSE,
ADOOPARAMBU, MUVATTUPUZHA P.O.,
MUVATTUPUZHA-686 661.
2 RAJESH V.S., VETTUKATTIL HOUSE,
AVOLI P.O., MUVATTUPUZHA-686 670.
BY ADV I.DINESH MENON (K/837/1993)-13189
RESPONDENTS:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA P.O.,
MUVATTUPUZHA-686 661.
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
COLLECTORATE P.O., IDUKKI-PAINAVU, PIN-685 603.
3 THE CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
THODUPUZHA-685 584.
4 RAMESHKUMAR T.S., THACHUPARAMBIL HOUSE,
NEAR P&T QUARTERS, THODUPUZHA P.O.,
THODUPUZHA-685 584.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2021, ALONG WITH WP(C).8549/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8549 & 11384 of 2021
:4 :
JUDGMENT
~~~~~~~~~ Dated this the 3rd day of June, 2021 W.P.(C) No.8549/2021 has been filed by owner of Stage Carriage KL-17M-3148 serving the route Thodupuzha -
Muvattupuzha. The distance between Thodupuzha and Muvattupuzha is 25 Km. and the RTO allotted 50 minutes time to cover the distance. The petitioner alleges that owners and staff of Stage Carriages KL-17N-450 and KL-17M-9599 have threatened the petitioner compelling him to complete the service trips within 42 minutes. The petitioner thereupon submitted Exts.P4 and P5 representations to the third respondent-RTO, Muvattupuzha and the fourth respondent-
Sub Regional Transport Officer, Thodupuzha, respectively.
But, the representations were of no avail. The petitioner therefore seeks to direct the respondents to consider the representations submitted by him. WP(C) Nos.8549 & 11384 of 2021 :5 :
2. Petitioners 1 and 2 in W.P.(C) No.11384/2021 are the operators running the aforesaid Stage Carriages KL-17N-450 and KL-17M-9599 in the same route. They would state that the petitioner in W.P.(C) No.8549/2021 is operating without adhering to the allotted timings and is drawing undue advantage. The petitioners have preferred Exts.P5 and P6 complaints in this regard. The petitioners seek to direct the respondents to consider their complaints.
3. Heard the learned counsel for the petitioners in both the writ petitions and the learned Government Pleader representing the respondents.
4. From the pleadings in the writ petitions, it is discernible that the petitioners have certain disputes relating to timings allotted and compliance thereof. These are issues which may require factual adjudication as well, in the context of Rules 213 to 216 of the Kerala Motor Vehicles Rules and are best left to be decided by the competent statutory authorities.
WP(C) Nos.8549 & 11384 of 2021 :6 : In the circumstances of the case, the writ petitions are disposed of directing the second respondent-RTO, Idukki (in W.P.(C) No.8549/2021) who is stated to be the Secretary to the RTA also, to consider Exts.P4 and P5 representations in W.P.(C) No.8549/2021 and Ext.P5 representation in W.P.
(C) No.11384/2021 within a period of six weeks, after giving opportunity of hearing to the petitioners, which can be through virtual mode/video conferencing also.
Sd/-
N. NAGARESH, JUDGE aks/07.06.2021 WP(C) Nos.8549 & 11384 of 2021 :7 : APPENDIX OF WP(C) 8549/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF STAGE CARRIAGE PERMIT,ISSUED BY REGIONAL TRANSPORT OFFICE,IDUKKI, FROM 05/09/2016 TO 04/09/2021.
EXHIBIT P2 TRUE C0PY OF THE TIME SHEET OF PETITIONERS STAGE CARRIAGE BUS BEARING NO.KL17 M 3148 ON THODUPUZHA-
MUVATTUPUZHA ROUTE ISSUED BY THE ROAD TRANSPORT AUTHORITY,IDUKKI,DATED 12/08/16 EXHIBIT P3 TRUE COPY OF CERTIFICATE OF REGISTRATION AND INSURANCE OF PETITIONER'S STAGE CARRIAGE BUS BEARING NO.KL 17 M 3148.
EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO 3RD RESPONDENTS DATED 02/08/2019 EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO SUB REGIONAL TRANSPORT OFFICER,THODUPUZHA DATED 25/09/2018 WITH ACKNOWLEDGEMENT RECEIPT EXHIBIT P6 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, 20/09/2018 WITH ACKNOWLEDGEMENT RECEIPT.
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE CIRCLE INSPECTOR OF POLICE, VAZHAKULAM POLICE STATION DATED 19.4.2021 WITH ACKNOWLEDGEMENT RECEIPT.
WP(C) Nos.8549 & 11384 of 2021 :8 : APPENDIX OF WP(C) 11384/2021 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE PERMIT OF KL-17 N 450 DATED 1.6.2017 Exhibit P2 TRUE COPY OF THE TIMING OF KL-17 N 450 KL-6 B 7 194) DATED 9.12.2014 Exhibit P3 TRUE COPY OF THE PERMIT OF KL-17 M 9599 DATED 4.8.2019 Exhibit P4 TRUE COPY OF THE TIMINGS OF KL-17 M 9599 KL-17 G 4595 DATED 18.1.2013 Exhibit P5 TRUE COPY OF THE REQUEST DATED 23.4.2021 Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS DATED 29.4.2021 Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC NO 4568/2019 DATED 17.4.2019 ncd