Kerala High Court
Abdu. O M vs The Secretary, Regional Transport ... on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
WP(C) NO. 15131 OF 2024
PETITIONER:
ABDU O.M.,
AGED 47 YEARS,
S/O. MUHAMMED, OLAPILLAN HOUSE,
VARANDARAPILLY, VELUPADAM P.O,
IRINJALAKKUDA,
THRISSUR DISTRICT, PIN - 680303
BY ADVS.
M.JITHESH MENON
P.G.MAHESHKUMAR
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
THRISSUR REGIONAL TRANSPORT OFFICE,
AYYANTHOLE P.O,
THRISSUR DISTRICT, PIN - 680003
2 BAIJU V.P.,
S/O. PRABHAKARAN,
VALLACHIRA HOUSE, NOOLUVALLY,
CHEMBUCHIRA,
THRISSUR DISTRICT, PIN - 680684
BY ADV.
SMT.REKHA C NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.15131/2024
:2:
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner is a stage carriage operator conducting service on the route Palappilly-Ayyanthole via Velupadam, Varantharappilly, Amballur, Ollur and Thrissur on the strength of a Regular Permit issued in respect of stage carriage No.KL-45M-6095 and valid till 09.10.2027.
2. The 1st respondent issued Ext.P4 notification calling for objection to timing proposed to be allotted to the 2nd respondent. The petitioner submitted Ext.P5 objection. According to the petitioner, similarly situated stage carriage operators also have submitted objections. The association of stage carriage operators have also submitted objections.
3. Though the petitioner submitted Ext.P9 reminder on 13.11.2023, the proceedings initiated as per Ext.P4 has not been completed.
W.P.(C) No.15131/2024:3:
4. The limited prayer of the petitioner is to direct the 1st respondent to consider the objections submitted by the petitioner and similarly situated persons and conclude Ext.P4 proceedings.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. Government Pleader representing the 1 st respondent submitted that the Chief Electoral Officer has issued a Communication No.EL8/2/2024-ELEC dated 20.03.224 directing that in view of the mode of conduct of election, the RTA Board meetings and the process of issue of Permits and convening of the Time Conference should be deferred till the election process is over.
7. Taking into consideration the entire facts of the case and also taking into consideration the Circular issued by the Election Commissioner, I am inclined to dispose of the writ petition with appropriate directions. W.P.(C) No.15131/2024 :4:
The writ petition is disposed of directing the that the proceedings pursuant to Ext.P4, if it is yet not concluded and pending, the 1st respondent shall conclude the proceedings after adverting to Ext.P5 and similar objections, within a period of three months with notice to the petitioner, the 2nd respondent and other affected parties, if any.
Sd/-
N. NAGARESH JUDGE SR W.P.(C) No.15131/2024 :5: APPENDIX OF WP(C) 15131/2024 PETITIONER'S EXHIBITS:
Exhibit-P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT BEARING PERMIT NO.
KL88/68/1992 OF STAGE CARRIAGE KL-45- M-6095 WITH WHICH THE PETITIONER IS OPERATING ON THE ROUTE IN QUESTION DATED 27-09-2022 Exhibit-P2 TRUE COPY OF THE TIME SHEET ISSUED BY THE 1ST RESPONDENT BEARING ORDER NO. C4/10167/05 DATED 18-3-2005 [ISSUED TO THE PREVIOUS OWNER] Exhibit-P3 TRUE COPY OF THE TIMINGS ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT BEARING ORDER NO. C9/29776/94 DATED 17-02-1995 Exhibit-P4 TRUE COPY OF THE TIMING NOTIFICATION ISSUED BY THE 1ST RESPONDENT BEARING NO. C1/3068/2022/R DATED 13-04-2022 Exhibit-P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE RTO THRISSUR DATED 04-05-2022 ALONG WITH THE TIME SHEET OF THE 2ND RESPONDENT DATED 17-02-1995 Exhibit-P6 TRUE COPY OF THE OBJECTIONS SUBMITTED BY C.C. JOSEPH BEFORE THE RTO THRISSUR DATED 05-05-2022 Exhibit-P7 TRUE COPY THE OBJECTIONS SUBMITTED BY MUNEER.E.M BEFORE THE RTO THRISSUR DATED 05-05-2022 IS Exhibit-P8 TRUE COPY OF THE OBJECTION SUBMITTED BY THE THRISSUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION DATED 02-05- 2022 Exhibit-P9 TRUE COPY OF THE REMINDER REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RTO THRISSUR DATED 13-11-2023.