Kerala High Court
Rajan K.B vs State Of Kerala on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday, the 26th day of August 2022 / 4th Bhadra, 1944
WP(C) NO. 27750 OF 2022(P)
PETITIONERS:
1. RAJAN K.B., S/O BHASKARAN, KANDAMPULLI HOUSE, EDAPPAL P.O,
MALAPPURAM-679576.
2. BEENA K.V., W/O RAJAN K.B., BHASKARAN, KANDAMPULLI HOUSE, EDAPPAL
P.O, MALAPPURAM-679576.
3. BIMAL SHANMUGHAN, AGED 42 YEARS S/O SHANMUGHAN, KANNACHANPURACKAL
HOUSE, VATANAPALLY P.O, THRISSUR-680614.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE STATE TRANSPORT AUTHORITY, TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM 695014.
3. THE GENERAL SECRETARY, CONTRACT CARRIAGE OPERATORS ASSOCIATION, REG.
NO. TVM/TC/1204/18, NALANDA BHAVAN KARYAVATTOM,
THIRUVANANTHAPURAM-695581.
4. SRI. SEBASTIAN KUTTIKKAT PRESIDENT, CONTRACT CARRIAGE OPERATORS
FEDERATION, 12/410 B, STATUE ROAD, KOCHI - 682002.
5. SRI. MUSTHAFA KALATHUMPADIKKAL, PRESIDENT, ALL KERALA BUS OPERATORS
ORGANISATION, NILAMBUR TALUK, CHANDAKKUNNU P.O., NILAMBUR MALAPPURAM
- 679329.
6. SRI. SMIJU VARGHESE, KINGDOM OF TOURIST BUS COMMUNITY, STATE
OFFICE, NSS BUILDING, 2ND FLOOR, OPP. THIRUVANVANDOOR TEMPLE,
CHENGANNUR, ALAPPUZHA - 689109.
7. SRI. M. SIRAJUDEEN, SECRETARY, CONTRACT CARRIAGE OWNERS COMMUNITY,
M.S TRAVELS, MS TOWER, KUNNICODE (P.O.), KOLLAM-691508.
8. SRI. DEEPU K RAJ, PRESIDENT TOURIST BUS OWNERS FORUM, NIRMALYAM
KADAVOOR, KOLLAM-691601.
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 issue an interim direction interdicting the 2nd respondent from
proceeding with Departmental Item No:1 of the agenda (Exhibit P8) for the
meeting of the 2nd respondent scheduled to be held on 31.08.2022 for
'reconsidering'Exhibit P4 decision dated 11.08.2021 affirmed by this
Honourable Court vide Exhibit P6 judgment, pending disposal of the writ
petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. NAZRIN BANU, Advocate for the petitioners, SRI.JIMMY GEORGE, Advocate
for R1&R2 the court passed the following:
P.T.O
Exhibit P6:- TRUE COPY OF THE JUDGEMENT DATED 26.07.2022 IN WPC NO:
29024 OF 2021.
Exhibit P7:- TRUE COPY OF THE JUDGMENT DATED 26.07.2022 IN WPC
NO.24110 OF 2022.
Exhibit P4:-TRUE COPY OF THE DECISION OF THE MEETING OF THE STA HELD
ON 11/08/2021 (RELEVANT PAGES ONLY)
AMIT RAWAL, J.
=================
W.P (C) No.27750 of 2022
=====================
Dated this the 26th day of August, 2022
ORDER
Inter alia alleges that once on the basis of the directions of
this Court in the order dated 22 nd September 2022 in
W.P.(C) No.6680 of 2020, the respondents had taken a decision to
provide a uniform colour scheme to the private and transport
carriages and a challenge to the said agenda/decision has already
been upheld by various judgments of this Court vide Exts.P6 and
P7. But now again, a meeting for reconsidering the earlier
decision of the STA for implementation of the uniform colour
scheme is scheduled to be held on 31.8.2022. It is submitted that
it would tantamout to over reaching the order of this Court.
Issue notice before admission. Mr. Jimmy George accepts
notice for the respondents 1 and 2.
Post on 30.8.2022. It is made clear that on perusal no
concrete reasoning is assigned in support of the intended
reconsideration, this Court would not be hesitant in staying the
agenda scheduled for 31.8.2022.
sd/-
sab AMIT RAWAL, JUDGE
sa/131219sassssabs10.
26-08-2022 /True Copy/ Assistant Registrar
