Kerala High Court
Private Bus Operators ... vs The Regional Transport Authority on 1 November, 2021
WP(C) No.20428/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Monday, the 1st day of November 2021 / 10th Karthika, 1943
WP(C) NO. 20428 OF 2021(C)
PETITIONERS:
1. PRIVATE BUS OPERATORS ASSOCIATION, PERINTHALMANNA UNIT,
PERINTHALMANNA, REPRESENTED BY ITS SECRETARY, K. MOHAMMED
ALI HAJI, KOTTARAYIL HOUSE, VETTATHUR.
2. NILAMBUR TALUK PRIVATE BUS OPERATORS ASSOCIATION, NILAMBUR,
MALAPPURAM DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY,
P. MUNNER, POTHANGODAN HOUSE, KARAD, WANDOOR,.
3. CHANDRADAS, S/O. KURUPPAN, KAROTH HOUSE, KARAKUNNU P.O.,
MANJERI (VIA), MALAPPURAM DISTRICT.
4. ANEESH BABU, S/O. SUBAIDA, CHUNGATHU HOUSE, KARIMPUZHA P.O.,
CHANDAKKUNNU, NILAMBUR , MALAPPURAM DISTRICT.
RESPONDENTS:
1. THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, MALAPPURAM
676 505.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM 676
505.
3. THE TRAFFIC REGULATORY COMMITTEE, REPRESENTED BY THE
CHAIRMAN, PERINTHALMANNA, 679 322.
4. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA,
MALAPPURAM 679 322.
5. THE STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION,
PERINTHALMANNA, MALAPPURAM DISTRICT 679 322.
6. ADDL.T.MUHAMMED MUSTHAFA THARAYIL HOUSE, MAKKARA PARAMBA,
MALAPPURAM DISTRICT-676507, ADDL R6 IN IMPLEADED AS PER
ORDER DATED 13-10-2021 IN IA 1/2021 IN WP(C) 20428/2021.
Writ petition (civil) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(C)
the High Court be pleased to stay the Ext.P2 decision of the 3rd
respondent, and also restrain the respondents from implementing
any change with respect to the present traffic system in
Perinthalmanna town, pending disposal of the Writ Petition
(Civil).
This petition again coming on for orders upon perusing the
petition and the affidavit filed in support of WP(C) and this
Court's order dated 28-09-2021 and upon hearing the arguments of
SRI.O.D.SIVADAS, Advocate for the petitioners, GOVERNMENT
PLEADER for R1, R2, R4 & R5 and of SRI.S.ANANTHAKRISHNAN,
Advocate for Addl R6, the court passed the following:
WP(C) No.20428/2021 2/5
WP(C) No.20428/2021 3/5
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W. P. (C) Nos.20501, 20595 &
20428 of 2021
= = = = = = = = = = = = = = = = = =
Dated this the 1st day of November, 2021
O R D E R
As observed in the judgment in Contempt Case (C)
No.1661/2020, the decision of the Municipality dated
03.09.2019 was forwarded to the RTA on 13.10.2020. The
RTA is yet to take a final decision thereon. In the
meanwhile, as is evidenced by Ext.P3 (in W.P.(C)
No.20595/2021), which is a copy of the minutes of the
RTA meeting held on 15.10.2019, the issue was to be
resolved by the authority after seeking a public
opinion. Admittedly such a decision is yet to be arrived
at. In the circumstances, interests of justice would be
met by directing that, operators who terminate at
Perinthalmanna shall after entering Tharayil Bus Stand
be permitted to enter the Moosakutty New Stand and then
return to and halt at Tharayil Bus Stand. It is made
clear that the plying up to Moosakutty New Stand from
WP(C) No.20428/2021 4/5
W. P. (C) Nos.20501, 20595 &
20428 of 2021
Tharayil Bus Stand shall be through the Manathumangalam
bye-pass.
Post for counter affidavit.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
01-11-2021 /True Copy/ Assistant Registrar
WP(C) No.20428/2021 5/5
APPENDIX OF WP(C) 20428/2021
Exhibit P3 COPY OF THE DECISION TAKEN BY THE REGIONAL
TRANSPORT AUTHORITY DATED 15.10.2019.
