Kerala High Court
M. M. Ashraf vs The Secretary, Regional Transport ... on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 21993 OF 2024
PETITIONER:
M. M. ASHRAF
AGED 53 YEARS
S/O. ALIKUTTY, PAYYAPPULLY HOUSE, THOTTILANGADI
P.O., VIA. AREACODE, MALAPPURAM, PIN - 676639.
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE
CIVIL STATION, KOZHIKODE P.O., KOZHIKODE
DISTRICT, PIN - 673020.
BY
S.GOPINATHAN - SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21993 OF 2024
:2:
JUDGMENT
Dated this the 27th day of June, 2024 The petitioner was the holder of a regular permit in respect of stage carriage-KL-10-BD-7107 to operate on the route Areekode - Kozhikode - Palayam Bus Stand. During Covid-19 pandemic, the petitioner could not renew the regular permit and surrendered the same.
2. An application for regular permit was submitted in the said vacancy and the R.T.A., Kozhikode in its meeting held on 11.04.2023 has granted the same subject to obtaining concurrence from sister R.T.A. and settlement of timings. Pursuant to that, the R.T.A., Malappuram has granted the concurrence. Again the matter was considered by the R.T.A., Kozhikode in its meeting held on 27.02.2024 and its decision was waiting.
3. While so, an application for 4 months temporary permit was submitted in the surrendered vacant timings and the respondent rejected the same by Exhibit P1. After that, the decision on the application for regular permit has been taken by WP(C) NO.21993 OF 2024 :3: Exhibit P2. Against Exhibit P1, an appeal has been preferred before the State Transport Appellate Tribunal as M.V.A.A.No. 123/2024 and as per Exhibit P3 order, the Tribunal has directed the respondent to issue temporary permit for 40 days in the surrendered vacant timings. Even though the petitioner has produced Exhibit P3 order along with Exhibit P4 request, the respondent has not so far implemented the same.
4. The failure on the part of the respondent to comply with Ext.P3 order of the Tribunal is illegal and wholly unjustified. It is the statutory duty of the respondent to give effect the orders of the Tribunal. The act of the respondent in refusing to comply with the order of the Tribunal is clearly against the judicial discipline. The respondent, who is the Executive Officer, is duty bound to obey the orders and not expected to act as Appellate Authority over Ext. P3. There is total failure on the part of the respondent in performing his statutory duty, contends the Counsel for the petitioner.
5. Government Pleader submits that Ext.P3 order of the State Transport Appellate Tribunal, Ernakulam, is not in accordance with law and the respondent has taken expeditious WP(C) NO.21993 OF 2024 :4: steps to file review in the State Transport Appellate Tribunal, Ernakulam.
6. Heard.
7. It is not disputed that the petitioner has applied for Temporary Permit and in M.P.No.1137 of 2024 in MVAA No.123 of 2024, the Tribunal has directed the respondent to issue Temporary Permit to the petitioner to operate on the route Areekode - Kozhikode - Palayam Bus Stand for a period of 40 days. As long as Ext.P3 is not reviewed or superseded by any other order of the Court, the mere intention of the respondent to file a review cannot be a reason not to comply with the direction of the State Transport Appellate Tribunal, Ernakulam.
In the circumstances of the case, the writ petition is disposed of directing the respondent to issue Temporary Permit to the petitioner as applied for within a period of two weeks. This will be without prejudice to the right of the respondent to prefer any review against Ext.P3 order.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO.21993 OF 2024
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APPENDIX OF WP(C) 21993/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE
ORDER NO. 11C/300/2023-KL11 DATED
16.04.2024 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE PROCEEDINGS OF
THE REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE HELD ON 27.02.2024 VIDE ITEM NO. 39.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN M.P. NO. 1137/2024 IN M.V.A.A. NO. 123/2024 DATED 18.05.2024 PASSED BY THE STATE TRANSPORT APPELLATE TRIBUNAL.
EXHIBIT P4 TRUE PHOTOCOPY OF THE REQUEST DATED 30.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH EXHIBIT P-2 ORDER.