Kerala High Court
The Merchants' Association vs The Regional Transport Authority on 1 November, 2021
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. 20501 OF 2021(K)
PETITIONERS:
1. THE MERCHANTS' ASSOCIATION, VYAPARI BHAVAN, PERINTHALMANNA,
MALAPPURAM-679 322, AFFILIATED TO KERALA VYAPARI VYAVASAYI EKOPANA
SAMITHI REG.NO.262/81, REPRESENTED BY ITS PRESIDENT, MUNDRAYIL
MOHAMMED @ M.BAPPU, AGED 75 YEARS, S/O.UNNIMAMU,
MALAPPURAM, MUNDRAYIL HOUSE, CHERIYAKARA P.O, ELAMKULAM,
MALAPPURAM, KERALA-679 340.
2. MUNDRAYIL MOHAMMED @ M.BAPPU, AGED 75 YEARS S/O.UNNIMAMU, MUNDRAYIL
HOUSE, CHERIYAKARA P.O., ELAMKULAM, MALAPPURAM, KERALA-679 340.
RESPONDENTS:
1. THE REGIONAL TRANSPORT AUTHORITY, PADIPPURA BUILDING, KOZHIKODE-
PALAKKAD BYPASS ROAD, PERINTHALMANNA-679 322.
2. TRAFFIC REGULATORY COMMITTEE, PERINTHALMANNA, MALAPPURAM
DISTRICT-679 322, REPRESENTED BY THE CHAIRMAN.
3. PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA P.O., MALAPPURAM-679
322.
4. THE SECRETARY, PERINTHALMANNA MUNICIPALITY, PERINTHALMANNA P.O.,
MALAPPURAM-679 322.
5. ADDL.R5.T.MUHAMMED MUSTHAFA, THARAYIL HOUSE, MAKKARA
PARAMBA,MALAPPURAM DISTRICT-676507. (ADDL.RESPONDENT NO.5 IS
IMPLEADED AS PER ORDER DATED 13-10-2021 IN IA 1/2021).
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 implementation of Exhibit P1 traffic regulations or
such other regulations of stage carriages introduced by the 3rd respondent
in Perinthalmanna town from 05-09-2021, pending disposal of this Writ
Petition.
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
29-09-2021 and upon hearing the arguments of SRI.S.SREEKUMAR (SENIOR
ADVOCATE) along with M/S. P.MARTIN JOSE, R.GITHESH, P.PRIJITH, THOMAS
P.KURUVILLA, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB AMBAT,
HARIKRISHNAN S., ANNA LINDA V.J, NAVEEN A.VARKEY & KEZIAH MIRUM GEORGE,
Advocates for the petitioners, GOVERNMENT PLEADER for respondents 1 &
2(B/o.), STANDING COUNSEL for respondents 3 & 4(B/o.),and of SRI.
S.ANANTHAKRISHNAN,Advocate for addl respondent 5, the court passed the
following:
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
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
