Faisal vs The Regional Transport Authority
2022 Latest Caselaw 11629 Ker

WP(C) No.41356/2022                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE AMIT RAWAL
          Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
                            WP(C) NO. 41356 OF 2022 (T)
   PETITIONERS:

      1. FAISAL, S/O KHADER, KUNNATHUNALUKANDATHIL HOUSE, POST PUDUPPALLY,
         MALAPPURAM - 676102.
      2. SARFUDHEEN, S/O MUHAMMED, CHENGANAKATTIL HOUSE, POST PUDUPPALLY,
         MALAPPURAM - 676102.

   RESPONDENTS:

      1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM REGIONAL TRANSPORT
         OFFICE, CIVIL STATION P.O., MALAPPURAM - 676505.
      2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM REGIONAL
         TRANSPORT OFFICE, CIVIL STATION P.O., MALAPPURAM - 676505.
      3. ANILKUMAR, S/O KUMARAN, KAITHAKKATTIL HOUSE, MEENADATHUR, TIRUR,
         MALAPPURAM.


        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 :

        i. issue an interim stay of operation and all further proceedings
   pursuant to Ext.P4 judgment in MVAA No.253/2017 dated 31.5.2022;

        ii. issue an interim direction, directing the second respondent,
   Secretary, Regional Transport Authority, Malappuram, not to grant any
   further temporary permit beyond 21.12.2022, on the route Puthentheruvu LP
   School - Tirur-Kavilakkad, pending disposal of the writ petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.I.DINESH MENON Advocate for the petitioners and the GOVERNMENT PLEADER
   for R1 & R2 (By Order), the court passed the following:
 WP(C) No.41356/2022                            2/3




                                      AMIT RAWAL, J.
                               --------------------------------
                                 W.P.(C) No.41356 of 2022
                                -----------------------------------
                          Dated this the 20th day of December, 2022

                                               ORDER

Inter alia alleges that application filed for renewal of the

permit for the route Ozhur - Kavilakkad via Puthanatheru, Tirur Bp

Angadi, Alathiyur was rejected by the R.T.A., Malappuram in the

meeting held on 31.08.2017. Without availing the remedy of

appeal, another application has been filed and vide impugned

order, without hearing the other affected parties who are the stage

carriage permit holders plying the stage carriages on the route has

been allowed and a direction has been issued to renew the permit.

Issue notice before admission. Learned Government

Pleader accepts notice for respondents 1 and 2. Issue notice to

respondent No.3 by speed post.

List this matter on 22.02.2023. In the mean time, there

shall be interim stay qua the implementation of the order

impugned Ext.P4.

Sd/-

                                                            AMIT RAWAL, JUDGE

           csl




20-12-2022                       /True Copy/                             Assistant Registrar
 WP(C) No.41356/2022                    3/3

                       APPENDIX OF WP(C) 41356/2022
Exhibit P4            TRUE COPY OF THE JUDGMENT IN MVAA NO.253/2017 DATED
                      31.5.2022.




20-12-2022               /True Copy/                         Assistant Registrar