Kerala High Court
Suneesh E.S vs The Secretary on 3 July, 2025
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 1 2025:KER:48618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3rd DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 38415 OF 2024
PETITIONER:
SUNEESH E.S, AGED 44 YEARS,
S/O SAHANAN, THITTAYIL HOUSE, PANANGAD,
ERNAKULAM, PIN - 682506
BY ADVS. SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SMT.AKSHARA K.P.
SMT.ARATHY P.S.
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
ERNAKULAM, PIN - 682030
2 SAJITH SAKSAN,
S/O T.P.ANTONY, AGED 45 YEARS,
THOUNDAYIL HOUSE, MARADU, NETTOOR P.O,
ERNAKULAM, PIN - 682040
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 03.07.2025, ALONG WITH WP(C).40978/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 2 2025:KER:48618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3rd DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 40978 OF 2022
PETITIONER:
SAJITH SAKSAN, AGED 43 YEARS,
S/O T.P. ANTONY, THOUNDAYIL HOUSE, MARADU,
NETTOOR P.O., ERNAKULAM - 682040.
BY ADV SHRI.SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O, ERNAKULAM - 682030.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICE, CIVIL STATION P.O., ERNAKULAM-682030.
3 SUNEESH.E.S, AGED 42 YEARS
S/O SAHANAN, THITTAYIL HOUSE, PANANGAD,
ERNAKULAM-682506.
BY ADVS. SHRI.P.DEEPAK (SR.)
SMT.NAZRIN BANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 03.07.2025, ALONG WITH WP(C).38415/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 3 2025:KER:48618
JUDGMENT
[WP(C) Nos.38415/2024, 40978/2022] W.P.(C) No.40978 of 2022 challenges Ext.P8, which indicates a timing conference proposed for the settlement of the timings concerning Stage Carriage No.KL-06 D 0055, belonging to the third respondent. The petitioner contends that though the permit for the above stage carriage was granted on 18.09.2019, the same was not issued. There is also a prayer to direct the Secretary, Regional Transport Authority, Ernakulam, to consider Ext.P7 objection filed by the petitioner while deciding on the settlement of timings.
2. W.P.(C) No.38415 of 2024 is filed by the third respondent in W.P.(C) No.40978 of 2022 seeking a direction to the first respondent, Secretary of the Regional Transport Authority to forthwith convene a timing conference and to settle the timings and issue a regular permit in terms of the permit granted on 18.09.2019. It is seen that an interim order was passed by this court in W.P.(C) No.40978/2022 WP(C) NO. 38415 OF 2024 & WP(C) NO. 40978 OF 2022 4 2025:KER:48618 on 16.12.2022 deferring the timing conference scheduled on 19.12.2022, for a period of one month. However, the said interim order was not extended thereafter.
3. Under such circumstances, I am inclined to dispose of the writ petition directing the Regional Transport Authority, Ernakulam or such other competent authority, to hear the petitioners in both cases for considering the request of the petitioner in W.P.(C) No.38415 of 2024 for the settlement of timings. I notice that the writ petitioner in W.P.(C) No.40978 of 2022 is also questioning the substitution of a vehicle after nearly three years by the petitioner in W.P.(C) No.38415 of 2024. Be that as it may, it will be for the authority concerned to take a decision in accordance with law, after hearing both the petitioners. It is made clear that I have not expressed any opinion on the merits of the claims made by either of the petitioners. The Regional Transport Authority, Ernakulam, or such other competent officer, will pass orders on the issue referred above, within two months from the date of receipt of WP(C) NO. 38415 OF 2024 & WP(C) NO. 40978 OF 2022 5 2025:KER:48618 a copy of this judgment. All the contentions of the petitioners are left open.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE DMR/-
WP(C) NO. 38415 OF 2024 & WP(C) NO. 40978 OF 2022 6 2025:KER:48618 APPENDIX OF WP(C) 40978/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO PETITIONER DATED 17.6.2022.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS GRANTING PERMIT TO 3RD RESPONDENT DATED 18.9.2019 WITH TRANSLATION.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP[C] NO.26516/2022 DATED 1.9.2022.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP[C] 32309/2022 DATED 1.11.2022.
Exhibit P5 TRUE COPY OF THE VEHICLE DETAILS OF KL-
39 L 7929 FROM WEBSITE DATED NIL.
Exhibit P6 TRUE COPY OF THE OBJECTION SUBMITTED BY PETITIONER DATED 29.11.2022 WITH TRANSLATION.
Exhibit P7 TRUE COPY OF THE VEHICLE DETAILS OF VEHICLE KL-06 D 0055 FROM WEBSITE DATED NIL.
Exhibit P8 TRUE COPY OF THE NOTICE FOR TIMING CONFERENCE DATED 9.12.2022.
RESPONDENTS' EXHIBITS Exhibit R3(a) A TRUE COPY OF THE COMMON JUDGMENT DATED 15.10.2018 IN WPC NO: 24680 OF 2017 Exhibit R3(b) A TRUE COPY OF THE NOTICE DATED 14.01.2020 Exhibit R3(c) A TRUE COPY OF THE JUDGMENT DATED 25.02.2020 IN WPC NO: 2961 OF 2020 WP(C) NO. 38415 OF 2024 & WP(C) NO. 40978 OF 2022 7 2025:KER:48618 Exhibit R3(d) A TRUE COPY OF THE JUDGMENT DATED 13.01.2021 IN WPC NO: 19427 OF 2020 Exhibit R3(e) A TRUE COPY OF THE NOTICE DATED (NIL) PROPOSING TO CONVENE A TIMING CONFERENCE ON 13.01.2022 Exhibit R3(f) A TRUE COPY OF THE NOTICE DATED (NIL) PUBLISHED IN THE NOTICE BOARD OF THE OFFICE OF THE SECOND RESPONDENT ADJOURNING THE TIMING CONFERENCE SCHEDULED TO BE HELD ON 27.02.2021 WITH ENGLISH TRANSLATION.
Exhibit R3(g) A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-39-L-7929 DATED 12.07.2021 Exhibit R3(h) A TRUE COPY OF THE REPRESENTATION DATED 13.06.2022 ADDRESSED TO THE 2ND RESPONDENT Exhibit R3(i) A TRUE COPY OF THE SAID JUDGMENT DATED (NIL) REPORTED IN 1999 (2) KLJ 1092 AS VINOD THOMAS V. RTA, KOTTAYAM DATED NIL. Exhibit R3(j) A TRUE COPY OF THE NOTICE DATED 04.07.2022 Exhibit R3(k) A TRUE COPY OF THE JUDGMENT DATED 01.09.2022 IN WPC NO: 26516 OF 2022 Exhibit R3(l) A TRUE COPY OF THE IN WPC NO: 32309 OF 2022 WITHOUT EXHIBITS Exhibit R3(m) A TRUE COPY OF THE JUDGMENT DATED 01.11.2022 IN WPC NO: 32309 OF 2022 OF THE HONOURABLE COURT.
// TRUE COPY // P.A. TO JUDGE WP(C) NO. 38415 OF 2024 & WP(C) NO. 40978 OF 2022 8 2025:KER:48618 APPENDIX OF WP(C) 38415/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE RTA, ERNAKULAM DATED 18.09.2019 ALONG WITH BTRANSLATION Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 25.02.2020 IN WPC NO. 2961 OF 2020 Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED 16.12.2022 IN WPC NO. 40978 OF 2022 Exhibit P4 A TRUE COPY OF THE NOTICE DATED 28.09.2024 // TRUE COPY // P.A. TO JUDGE