Kerala High Court
Santhosh V.P vs The Secretary, Regional ... on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
WP(C) NO. 24948 OF 2021
PETITIONERS:
1 DANIYA SOJI,AGED 38 YEARS,W/O SOJI, UKKEN HOUSE,
ARIPALAM, THRISSUR DISTRICT
2 SUGATHAN, S/O KOCHUNNI, KALINGAPURAM HOUSE,
IRINJALAKUDA, THRISSUR DISTRICT
BY ADVS.
P.V.ANOOP
PHIJO PRADEESH PHILIP
M.P.PRIYESHKUMAR
K.V.SREERAJ
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY,OFFICE OF THE REGIONAL
TRANSPORT AUTHORITY, THRISSUR-680 001.
2 THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, OFFICE OF
THE REGIONAL TRANSPORT AUTHORITY, THRISSUR-680001.
3 SANTHOSH V.P, S/O PRABHAKARAN, VIYYATH HOUSE,
PORATHISSERY, KARUVANNUR, THRISSUR DISTRICT, PIN-680
711
BY ADV K.V.GOPINATHAN NAIR
SPL. GP SRI. P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, ALONG WITH WP(C).22936/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
1943
WP(C) NO. 22936 OF 2021
PETITIONER:
SANTHOSH V.P, S/O. PRABHAKARAN, VIYYATH HOUSE,
KARUVANOOR, TRISSUR.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
(REGIONAL TRANSPORT OFFICER), CIVIL STATION,
AYYANTHOLE P.O, THRISSUR - 680003.
2 JOINT REGIONAL TRANSPORT OFFICER,IRINJALAKUDA,
SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA -
680125.
SPL. GP SRI. P.SANTHOSH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.11.2021, ALONG WITH WP(C).24948/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P(C) NO.22936 of 2021 & 24948 of 2021
JUDGMENT
The petitioners in these writ petitions are
rival stage carriage operators. The grievance of the
petitioners in W.P(C) No.24948 of 2021 is that,
eventhough the permit issued in favour of the
petitioner in W.P(C) No.22936 of 2021 specifies the
route as "without touching Irinjalakuda bus stop",
he is entering the bus stand. On the other hand, the
petitioner in W.P(C) No.22936 of 2021 contends that
Ext P3 proceedings dated 07.08.2008 was issued by
the Regional Transport Authority whereunder the
petitioner was directed to operate by entering the
Irinjalakuda bus stand eventhough the condition
attached in the permit reads "without touching
Irinjalakuda bus stand". The learned counsel refers
to Ext P4 chalan issued for violating the permit
condition by entering the bus stand, aggrieved by
which the said writ petition has been filed.
2. Heard Sri.K.V Gopinathan Nair, learned
W.P(C) NO.22936 of 2021 & 24948 of 2021
counsel for the petitioner in W.P(C) No.22936 of
2021, Sri. Phijo Pradeesh Philip, learned counsel
for the petitioners in W.P(C) No.24948 of 2021 and
the learned senior Government Pleader.
3. The proceedings of the Regional Transport
Authority, Thrissur dated 07.08.2008 indicates that,
after referring to Rule 207 of the Kerala Motor
Vehicles Rules the following direction was issued:-
"Hence all classes of stage carriage
operators are hereby directed to adhere
the decision of RTA dated 03.06.1999 vide
item No.64 by entering their services into
the Irinjalakuda Municipal Stand during
their operation of those sector even if
the condition attached in the permit is
"without touching Irinjalakuda Bus stand."
4. Learned counsel Sri. Phijo Pradeesh Philip
would contend that the said direction had been
revoked subsequently. However, as of now, there
W.P(C) NO.22936 of 2021 & 24948 of 2021
is no material to arrive at such a finding.
Noticeable the proceedings referred to supra is of
the year 2008. Considering the entire facts and
circumstances, I am of the opinion that it would be
sufficient if the issue is looked into by the
Secretary, Regional Transport Aurhority, Thrissur
and appropriate orders passed.
Accordingly, the writ petitions are disposed of
directing the Secretary, Regional Transport
Authority, Thrissur to consider the grievances of
the petitioner in W.P(C) No.22936 of 2021 as
projected in Ext P5 therein, and that of the
petitioners in W.P(C) No.24948 of 2021 as narrated
in Ext P2 therein, with due notice to them and after
affording them an opportunity of hearing. Let orders
be passed within a period of two months from the
date of receipt of a copy of this judgment. In the
meanwhile, the interim order dated 28.10.2021
W.P(C) NO.22936 of 2021 & 24948 of 2021
passed in WP(C) No.22936 of 2021 shall continue to be
in force.
Sd/-
SATHISH NINAN
JUDGE
vdv
APPENDIX OF WP(C) 22936/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT.
Exhibit P2 A ROUGH SKETCH OF THE ROUTE..
Exhibit P3 TRUE COPY OF THE DECISION OF THE
REGIONAL TRANSPORT AUTHORITY,
THRISSUR, DATED 7.8.2008.
Exhibit P4 TRUE COPY OF THE CHALAN UPLOADED IN
THE PARIVAHAN WEBSITE DATED
11.10.2021.
Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED
BEFORE THE RESPONDENTS DATED
12.10.2021.
APPENDIX OF WP(C) 24948/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGENDA OF THE
APPLICATION OF THE 3RD RESPONDENT
SEEKING RENEWAL AND VARIATION
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED
5.10.2021 FILED BY THE 1ST PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED
29.6.2021 FILED BY THE 2ND PETITIONER
BEFORE THE DTC THRISSUR
Exhibit P4 TRUE COPY OF THE REPLY DATED NIL
ISSUED BY THE 2ND RESPONDENT
