Abbas E. vs The Secretary
2021 Latest Caselaw 9943 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.4065 OF 2021(G)


PETITIONERS:

      1        ABBAS E., AGED 50 YEARS
               S/O.HASSAN,
               ERAYASSAN HOUSE,
               WEST KODUR, KODUR P.O.,
               PIN - 676 504,
               MALAPPURAM DISTRICT.

      2        ABDUL LATHEEF K.
               AGED 52 YEARS
               S/O.SOOPI, KARUVATTIL HOUSE,
               EAST KODUR, KODUR P.O.,
               PIN - 676 504, MALAPPURAM DISTRICT.

               BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT:

               THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY
               MALAPPURAM,
               CIVIL STATION,
               MALAPPURAM P.O., PIN - 676 505,
               MALAPPURAM DISTRICT.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4065/2021
                                    2




                              JUDGMENT

Petitioners herein are the stage carriage operators of two different

vehicles bearing registration Nos.KL-10R-7354 and KL-10AW-5090

operating on the routes Malappuram-Kottakkal-Kadampuzha temple and

Kadampuzha temple-Kottakkal. Claiming that the timings were fixed

long back, petitioners applied for revision by fixing Ext.P4. Contending

that the above application has not been disposed of inspite of Ext.P5

judgment of this Court, authority was directed to conduct a timing

conference but the same is being adjourned without fixing the next date

of meeting due to pandemic. Petitioners have now approached this

Court for convening of a meeting and to settle the timing.

2. It seems that, Ext.P7 is the order issued earlier. It clearly

stated that the application is not maintainable since interchange was

sought with respect to vehicles belonging to two different persons. For

invoking Rule 214 of the Kerala Motor Vehicles Rules, the vehicles have

to be in the ownership of same person and hence this case does not

clearly fall within the ambit of Rule 214 of the Motor Vehicles Rules.

3. Learned counsel for the petitioners tried to salvage this

situation by contending that the application may be one falling within

the compass of Rule 212 of the Kerala Motor Vehicles Rules. In the light

of the specific provision of Rule 214 of the KMV Rules, I feel that, the

prayer sought cannot be granted.

W.P(C).4065/2021

Accordingly, Writ Petition is dismissed without granting the relief

as sought for.

Sd/-

                                               SUNIL THOMAS

Sbna                                               JUDGE
 W.P(C).4065/2021





                          APPENDIX
PETITIONER'SS EXHIBITS:

EXHIBIT P1           PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER

NO.C5-3843/2018/M DATED 05/05/2018 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER IN RESPECT OF VEHICLE KL-10-R-7354.

EXHIBIT P2 PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO.C5-1299/ DATED 16/08/2017 ISSUED BY THE RESPONDENT TO THE 1ST PETITIONER IN RESPECT OF VEHICLE KL-10-AW-5090.

EXHIBIT P3 PHOTOCOPY OF THE PROCEEDINGS VIDE ORDER NO.G2/198379/2015/M DATED 27/09/2016 ISSUED BY THE RESPONDENT TO THE 2ND PETITIONER IN RESPECT OF VEHICLE KL-10-N-5980.

EXHIBIT P4 PHOTOCOPY OF THE REQUEST DATED 03/10/2019 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

EXHIBIT P5 PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.35857/2019 DATED 06/01/2020 OF THIS HON'BLE COURT.

EXHIBIT P6 PHOTOCOPY OF THE NOTICE DATED 09/03/2020 ISSUED BY THE RESPONDENT PROPOSING TO CONDUCT A TIMING CONFERENCE ON 19/03/2020 (SL.NO.8).

EXHIBIT P7 PHOTOCOPY OF THE LETTER VIDE NO.SC3/10115/2020 DATED 09/12/2020 ISSUED BY THE RESPONDENT.

EXHIBIT P8 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE RESPONDENT DATED 29/12/2020.

EXHIBIT P9 PHOTOCOPY OF THE REQUEST OF THE 2ND PETITIONER SUBMITTED BEFORE THE RESPONDENT DATED 02/01/2021.