Kerala High Court
T.S.Rameshkumar vs Transport Commissioner on 3 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
WP(C) NO. 8549 OF 2021
PETITIONER:
0
T.S.RAMESHKUMAR,S/O.SANKARAPILLAI T.S.,
AGED 45 YEARS, RESIDING AT THACHUPARAMBIL
HOUSE, NEAR P & T QUARTERS,
THODUPUZHA, PIN-685 584.
BY ADV P.ABANI
RESPONDENTS:
1 TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O.,
THRIVANDRUM PIN-695 014.
2 REGIONAL TRANSPORT OFFICER,
CIVIL STATION, KUYILIMALA,
PAINAV P.O., IDUKKI,PIN-685 603.
3 REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA, ERNAKULAM, PIN-686 661.
4 SUB REGIONAL TRANSPORT OFFICER,
MINI CIVIL STATION,
THODUPUZHA, PIN-685584.
5 DEPUTY SUPERINTENDENT OF POLICE,
POLICE STATION, THODUPUZHA, PIN-685 584.
6 DEPUTY SUPERINTENDENT OF POLICE,
MUVATTUPUZHA,PIN-686 661.
7 RAJESH V.S., S/O. SREEDHARAN, 3/2010,
VETTUKATTIL HOUSE, AVOLI P.O.,
ANIKKAD,MUVATTUPUZHA-686 661.
WP(C) Nos.8549 & 11384 of 2021
:2 :
8 SUKUMARAN V.N., S/O.NEELAKANDAN,
4/55, VETTUKATTIL HOUSE,
ADOOPARAMBU, MUVATTUPUZHA-688 661.
BY ADV SRI.I.DINESH MENON
GOVERNMENT PLEADER SMT. B.VINITHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2021, ALONG WITH WP(C).11384/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8549 & 11384 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JUNE 2021/13TH JYAISHTA, 1943
WP(C) NO. 11384 OF 2021
PETITIONERS:
1 V.N.SUKUMARAN, VETTUKATTIL HOUSE,
ADOOPARAMBU, MUVATTUPUZHA P.O.,
MUVATTUPUZHA-686 661.
2 RAJESH V.S., VETTUKATTIL HOUSE,
AVOLI P.O., MUVATTUPUZHA-686 670.
BY ADV I.DINESH MENON (K/837/1993)-13189
RESPONDENTS:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, MUVATTUPUZHA P.O.,
MUVATTUPUZHA-686 661.
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
COLLECTORATE P.O., IDUKKI-PAINAVU, PIN-685 603.
3 THE CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
THODUPUZHA-685 584.
4 RAMESHKUMAR T.S., THACHUPARAMBIL HOUSE,
NEAR P&T QUARTERS, THODUPUZHA P.O.,
THODUPUZHA-685 584.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2021, ALONG WITH WP(C).8549/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8549 & 11384 of 2021
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JUDGMENT
~~~~~~~~~
Dated this the 3rd day of June, 2021
W.P.(C) No.8549/2021 has been filed by owner of
Stage Carriage KL-17M-3148 serving the route Thodupuzha -
Muvattupuzha. The distance between Thodupuzha and
Muvattupuzha is 25 Km. and the RTO allotted 50 minutes time
to cover the distance. The petitioner alleges that owners and
staff of Stage Carriages KL-17N-450 and KL-17M-9599 have
threatened the petitioner compelling him to complete the
service trips within 42 minutes. The petitioner thereupon
submitted Exts.P4 and P5 representations to the third
respondent-RTO, Muvattupuzha and the fourth respondent-
Sub Regional Transport Officer, Thodupuzha, respectively.
But, the representations were of no avail. The petitioner
therefore seeks to direct the respondents to consider the
representations submitted by him.
WP(C) Nos.8549 & 11384 of 2021
2. Petitioners 1 and 2 in W.P.(C) No.11384/2021 are
the operators running the aforesaid Stage Carriages
KL-17N-450 and KL-17M-9599 in the same route. They would
state that the petitioner in W.P.(C) No.8549/2021 is operating
without adhering to the allotted timings and is drawing undue
advantage. The petitioners have preferred Exts.P5 and P6
complaints in this regard. The petitioners seek to direct the
respondents to consider their complaints.
3. Heard the learned counsel for the petitioners in
both the writ petitions and the learned Government Pleader
representing the respondents.
4. From the pleadings in the writ petitions, it is
discernible that the petitioners have certain disputes relating
to timings allotted and compliance thereof. These are issues
which may require factual adjudication as well, in the context
of Rules 213 to 216 of the Kerala Motor Vehicles Rules and
are best left to be decided by the competent statutory
authorities.
WP(C) Nos.8549 & 11384 of 2021
In the circumstances of the case, the writ petitions
are disposed of directing the second respondent-RTO, Idukki
(in W.P.(C) No.8549/2021) who is stated to be the Secretary
to the RTA also, to consider Exts.P4 and P5 representations
in W.P.(C) No.8549/2021 and Ext.P5 representation in W.P.
(C) No.11384/2021 within a period of six weeks, after giving
opportunity of hearing to the petitioners, which can be through
virtual mode/video conferencing also.
Sd/-
N. NAGARESH, JUDGE
aks/07.06.2021
WP(C) Nos.8549 & 11384 of 2021
APPENDIX OF WP(C) 8549/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF STAGE CARRIAGE
PERMIT,ISSUED BY REGIONAL TRANSPORT
OFFICE,IDUKKI, FROM 05/09/2016 TO
04/09/2021.
EXHIBIT P2 TRUE C0PY OF THE TIME SHEET OF
PETITIONERS STAGE CARRIAGE BUS BEARING
NO.KL17 M 3148 ON THODUPUZHA-
MUVATTUPUZHA ROUTE ISSUED BY THE ROAD
TRANSPORT AUTHORITY,IDUKKI,DATED
12/08/16
EXHIBIT P3 TRUE COPY OF CERTIFICATE OF
REGISTRATION AND INSURANCE OF
PETITIONER'S STAGE CARRIAGE BUS BEARING
NO.KL 17 M 3148.
EXHIBIT P4 TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER TO 3RD RESPONDENTS
DATED 02/08/2019
EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER TO SUB REGIONAL
TRANSPORT OFFICER,THODUPUZHA DATED
25/09/2018 WITH ACKNOWLEDGEMENT RECEIPT
EXHIBIT P6 TRUE COPY OF REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE DEPUTY
SUPERINTENDENT OF POLICE, MUVATTUPUZHA,
20/09/2018 WITH ACKNOWLEDGEMENT
RECEIPT.
EXHIBIT P7 THE TRUE COPY OF THE COMPLAINT FILED BY
THE PETITIONER BEFORE CIRCLE INSPECTOR
OF POLICE, VAZHAKULAM POLICE STATION
DATED 19.4.2021 WITH ACKNOWLEDGEMENT
RECEIPT.
WP(C) Nos.8549 & 11384 of 2021
APPENDIX OF WP(C) 11384/2021
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE PERMIT OF KL-17 N 450
DATED 1.6.2017
Exhibit P2 TRUE COPY OF THE TIMING OF KL-17 N 450
KL-6 B 7 194) DATED 9.12.2014
Exhibit P3 TRUE COPY OF THE PERMIT OF KL-17 M 9599
DATED 4.8.2019
Exhibit P4 TRUE COPY OF THE TIMINGS OF KL-17 M
9599 KL-17 G 4595 DATED 18.1.2013
Exhibit P5 TRUE COPY OF THE REQUEST DATED
23.4.2021
Exhibit P6 TRUE COPY OF THE POSTAL RECEIPTS DATED
29.4.2021
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC NO
4568/2019 DATED 17.4.2019
ncd
