Nasser Hussain vs The Secretary, Regional ...

Citation : 2022 Latest Caselaw 7489 Ker
Judgement Date : 24 June, 2022

Kerala High Court
Nasser Hussain vs The Secretary, Regional ... on 24 June, 2022
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20395 OF 2022
PETITIONERS:

    1      NASSER HUSSAIN
           AGED 47 YEARS
           S/O. KUNHARAMU,
           KOORIMANNIL MELEMANNIL HOUSE,
           ANAKKAYAM, MUNDUPARAMBU,
           MALAPPURAM - 676 509.
    2      FIROZ. K,
           S/O. KUNJI MOHAMMED,
           KOOLIYODAN HOUSE, MALAMKULAM P. O.,
           MANJERI COLLEGE, MANJERI,
           MALAPPURAM - 676 122.

           BY ADV SRI. K.V.GOPINATHAN NAIR


RESPONDENTS:

    1      THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY
           MALAPPURAM, CIVIL STATION,
           UP HILL POST, MALAPPURAM - 676 505.
    2      SHIHABUDEEN P.K,
           S/O. ALAVI, POOLAKUNNAN HOUSE,
           THURAKKAL, NARUKARA P. O,
           MANJERI, MALAPPURAM - 676 122.

           SRI. JIMMY GEORGE - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20395 OF 2022

                                      2




                             JUDGMENT

The writ petition is filed alleging non compliance of the directions of the State Transport Appellate Tribunal rendered in Exts.P4 and P5 orders.

2. By Exts.P4 and P5 orders, the State Transport Appellate Tribunal disposed of the revision petitions filed by the petitioners, directing the 1 st respondent herein to consider Exts.P2 and P3 objections of the petitioners and to pass fresh orders, in accordance with law, after hearing all the concerned parties, within a period of two months from the date of receipt of a copy of Exts.P4 and P5 orders.

3. The grievance of the petitioners is that the 1st respondent has not taken steps to consider and pass orders on Exts.P4 and P5 in spite of lapse of two WP(C).No.20395 OF 2022 3 months. Accordingly, the petitioners pray for a direction to the 1st respondent to consider and pass orders on Exts.P4 and P5, expeditiously.

4. Heard the learned counsel for the petitioners and the learned Government Pleader for the 1st respondent. In the nature of the directions I propose to issue, notice to the 2nd respondent is dispensed with.

5. It is submitted by the learned Government Pleader that pursuant to Exts.P4 and P5, the parties were heard. Since timing conference could not be convened, no orders could be passed. However, steps are being taken to comply with the directions in Exts.P4 and P5 in the next timing conference.

6. Accordingly, there will be a direction to the 1st respondent to comply with the directions in Exts.P4 and P5, within a period of six weeks from the date of receipt of a copy of this judgment. WP(C).No.20395 OF 2022 4 The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20395 OF 2022 5 APPENDIX PETITIONERS EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 07.11.2019. EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED 29.05.2020. EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER DATED 29.05.2020. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE TRIBUNAL IN M.V.A.R.P NO.5 OF 2021 DATED 13.04.2022.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE TRIBUNAL IN M.V.A.R.P NO.6 OF 2021 DATED 13.04.2022.

     RESPONDENTS EXHIBITS:    NIL.