Lissy Thomas vs The Regional Transport Officer
2021 Latest Caselaw 18131 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          WP(C) NO. 5837 OF 2021
PETITIONERS:

     1       LISSY THOMAS
             AGED 55 YEARS
             W/O.THOMAS, MUNTHARINGATTUKUNNEL HOUSE, POOLAKUTY P.O.,
             KANNUR DISTRICT, PIN-670650.

     2       NIDHIN.T.,
             AGED 38 YEARS
             S/O.VASU, THIKKAL HOUSE, CHETTIYAMPARAMBA P.O., PARATHODE,
             KANNUR DISTRICT, PIN-670674.

     3       VIPIN,
             AGED 35 YEARS
             S/O.PAVITHRAN, NJANDADIYIL HOUSE, KANNAVAM P.O., KANNUR
             DISTRICT, PIN-670650.

     4       SHOBHANA,
             AGED 57 YEARS
             W/O.SADASIVAN, VENGATTU HOUSE, KELAKAM PO., PERUMNTHANAM,
             KANNUR DISTRICT, PIN-670674.

     5       SURESHAN M.K.,
             AGED 60 YEARS
             S/O.K.NARAYANAN, KUNNUMPURATH HOUSE, THILANNUR P.O., THAZHE
             CHOVVA, KANNUR, PIN-670018.

     6       BIJOY,
             AGED 45 YEARS
             S/O.BALAN E.K., BALVIHAR, THRIKKARIPPUR P.O., KASARAGOD
             DISTRICT.

     7       TOMY K.P.,
             AGED 50 YEARS
             S/O.POULOSE K.V., KALATHINAMATTATHIL HOUSE, KELAKAM P.O.,
             KANNUR DISTRICT, PIN-670674.

             BY ADV P.T.ABHILASH



RESPONDENTS:

     1       THE REGIONAL TRANSPORT OFFICER
             OFFICE OF THE REGIONAL TRANSPORT OFFICE, CIVIL STATION,
             COLLECTORATE ROAD, TALAP, KANNUR, PIN-670002.
 WP(C) NO. 5837 OF 2021                  -2-


     2      THE JOINT REGIONAL TRANSPORT OFFICER,
            SUB REGIONAL TRANSPORT OFFICE, NERAMBOKKU, IRITTY, KANNUR
            DISTRICT-670703.

     3      THE INSPECTOR OF POLICE (SHO),
            KELAKAM POLICE STATION, KELAKAM, KANNUR DISTRICT, PIN-
            670674.

            BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER


     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            = = = = = = = = = = = = = = = = = =
                  W. P. (C) No.5837 of 2021
            = = = = = = = = = = = = = = = = = =
         Dated this the 3rd day of September, 2021

                      J U D G M E N T

The petitioners, who are stage carriage operators

through the route Kelakam-Adakkathode, Kelakam Panchayat

in Kannur District, allege conduct of parallel passenger

services like taxi, jeeps, autorickshaws and motor cabs

through the route without any permit. The illegal and

unauthorised parallel services affects/interferes with

the rights of the petitioners. It is accordingly that

the petitioners have approached this Court seeking

action to be taken against the violators.

2. The learned Government Pleader, on instructions,

submits that, the petitioners allegations prima facie

appears to be of substance and that appropriate action

shall be taken on Ext.P12 representation pending before

the second respondent. I do notice that none of the

alleged violators are in the party array. W. P. (C) No.5837 of 2021

In the light of the above, the writ petition is

disposed of directing the second respondent to consider

Ext.P12 representation, put the representatives of the

alleged violators on notice, and take appropriate action

to ensure that illegal parallel carriage operators are

not plying.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 5837/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NEWS PUBLISHED IN DAILY NEWS PAPER MATHRUBHOOMI DATED 25.11.2019.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 26.09.2018 SUBMITTED BY THE 7TH PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28.02.2019 SUBMITTED BY THE 7TH PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30.07.2019 SUBMITTED BY THE SECRETARY, KANNUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, IRITTY TALUK UNIT BEFORE THE SUB-INSPECTOR OF POLICE, KELAKAM.

EXHIBIT P5 PHOTO COPY OF THE JUDGMENT DATED 20.07.2009 OF HON'BLE HIGH COURT OF KERALA IN W.P. (C)NO.6401/2009.

EXHIBIT P6 TRUE COPY OF THE NOTICE PUBLISHED IN THE OFFICE OF THE RTO, KASARAGOD, IN PURSUANT EXT.P5 JUDGMENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 04.07.2019, SUBMITTED BY THE PRESIDENT, KANNUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, IRITTY TALUK UNIT BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 11.07.2019 SUBMITTED BY THE BUS OWNERS BEFORE THE DEPUTY TRANSPORT COMMISSION, KOZHIKODE.

EXHIBIT P9 PHOTO COPY OF THE JUDGMENT DATED 15.05.2018 OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C)NO.15351/2018.

EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 08.10.2019 SUBMITTED BY THE 7TH PETITIONER BEFORE THE SUB-INSPECTOR OF POLICE, KELAKAM. APPENDIX/WP(C) 5837/2021

EXHIBIT P11 PHOTO COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN W.P.(C)NO.30013/2009 DISPOSED ON 14.12.2009.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

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