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Kerala High Court
Alavi P.M vs The Secretary, Regional Transport ... on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
WP(C) NO. 17089 OF 2024
PETITIONERS:
1 ALAVI P.M.
AGED 70 YEARS, S/O. MOHAMMED UNNI,
PUTHUSSERI MADATHIL HOUSE, NARUKARA P.O.,
THURAKKAL, MANJERI, MALAPPURAM DISTRICT.
(REGISTERED OWNER OF STAGE CARRIAGE
KL-10-AF-4522)., PIN - 676 122.
2 ABDULLAKUTTY P.M.
AGED 56 YEARS, S/O. MOHAMMED UNNI,
PUTHUSSERI MADATHIL HOUSE, NARUKARA P.O.,
THURAKKAL, MANJERI, MALAPPURAM DISTRICT.
(REGISTERED OWNER OF STAGE CARRIAGE
KL-13-R-8559)., PIN - 676 122.
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM, CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676 505.
BY ADV
SREEJITH V S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17089 OF 2024
: 2 :
JUDGMENT
This writ petition is filed seeking the following relief:-
"i). Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Exhibit P-3 request submitted by the petitioner for revision of timing by interchange in respect of stage carriages KL-10-AF-4522 and KL-13-R-8559 operating on the routes Kizhissery -
Manjeri and Manjeri - Kondotty respectively within a reasonable time limit to be fixed by this Honourable Court;"
2. The petitioners state that they are the registered owners of stage carriages bearing Registration Nos. KL- 10-AF-4522 and KL-13-R-8559, covered by regular permits. Seeking to revise their timings on the premise that it will be beneficial to the travelling public, they have submitted Ext.P3 request before the respondent. The prayer of the petitioners is for an expeditious consideration of the same.
WP(C) NO. 17089 OF 2024 : 3 :
3. The learned Government Pleader submits that the request made by the petitioners can be considered on a priority basis, and a decision can be taken within 3 months.
In the facts and circumstances of the case and the submissions made across the Bar, I am of the view that this writ petition can be disposed of with the following directions:
a) The respondent shall take up, consider and pass appropriate orders on Ext P3 after affording an opportunity of being heard, to the petitioners herein and other affected parties, if any.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
WP(C) NO. 17089 OF 2024 : 4 :
c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
Sd/-
MURALI PURUSHOTHAMAN JUDGE S.M.K. WP(C) NO. 17089 OF 2024 : 5 : APPENDIX PETITIONERS' EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. P.ST.10/614/1999 IN RESPECT OF THE 1ST PETITIONER'S VEHICLE - KL-10-AF- 4522 ISSUED BY THE RESPONDENT DATED 24.05.2019.
Exhibit P2 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL1010/666/1996 IN RESPECT OF THE 2ND PETITIONER'S VEHICLE - KL-13-R- 8559 ISSUED BY THE RESPONDENT DATED 18.10.2021.
Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED 22.04.2024 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.
Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 14923/2023 DATED 02.05.2023 OF THE HON'BLE HIGH COURT OF KERALA.