T.D. Joseph vs The Regional Transport Authority
2022 Latest Caselaw 12487 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                       WP(C) NO. 42371 OF 2022
PETITIONER:

1         T.D. JOSEPH
          THOTTUMKAL HOUSE, PALA,
          KOTTAYAM DISTRICT.

2         JOSEPH SEBASTIAN
          THOTTUMKAL HOUSE,PALA
          KOTTAYAM DISTRICT

          BY ADV THOMAS K.C.KUNNATHOOR



RESPONDENTS:

1         THE REGIONAL TRANSPORT AUTHORITY
          KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN 686002

2         THE SECRETARY, ERGIONAL TRANSPORT AUTHORITY
          KOTTAYAM, PIN 686002.

3         SMT.MOLLY MANUEL
          MUNACKAL HOUSE, CHETHIMATTAM, PALA P.O., 686575.

          SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.42371/2022                         2




                                   JUDGMENT

Vide Ext.P4 decision dated 29.11.2021 regular permit in

favour of respondent No.3 in respect of stage carriage bearing

registration No.KL-35/J-0678 to ply on an intra district route

Kanjiramkavala - Pala as ordinary service subject to the settlement

of the timings, was granted.

2. Learned counsel for the petitioners submitted that they

are also stage carriage operators with regular stage carriage

permit on the route Pala - Chovoor via Erattupettah in respect of

vehicle No.KL-35/J-4581 and Pala - Mankombu Temple Nellapara

via Erattupetta in respect of vehicle No.KL-05/AN-5515. Against

the proposed allotment of timings viz.a.viz. the third respondent,

already, an objection, dated 11.11.2021 Ext.P2 has been

submitted. The petitioners apprehend that there is a practice by

the RTA not to hear the objections at the time of settlement of the

timings of the stage carriage permit. It is in that background the

petitioners have approached this Court for appropriate directions.

3. Issue notice before admission. Mr.Jimmy George accepts

notice and submitted that in case objection has been filed, the

concerned committee of RTA at the time of convening the meeting

for allotment of the timing schedule, will hear the objection not only

of the petitioners and of any other objectors viz.a.viz. stage

carriage permit of respondent No.3.

Without expressing any opinion on the merit and also keeping

in view the assertions made by the learned Government Pleader, I

dispose of the Writ Petition by issuing directions to the RTA to

consider the objection of the petitioners and any other objections

of the stage carriage permit viz.a.viz. settlement of the timings qua

the stage carriage permit of vehicle No.KL-35/J-0678 in favour of

respondent No.3 or any other persons in respect of the route

referred to, in accordance with law, after affording an opportunity

of hearing to all.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX

PETITIONERS' EXHIBIT :

EXHIBIT P1 : COPY OF THE RELEVANT PORTION OF THE AGENDA FOR MEETING OF 1ST RESPONDENT DATED 29.11.2021 PUBLISHED ON 8.11.2021

EXHIBIT P2: COPY OF THE OBJECTION DATED 11.11.2021 FILED BY THE 1ST PETITIOENR BEFORE THE 2ND RESPONDENT.

EXHIBIT P3: COPY OF THE OBJECTION DATED 11.11.2021 FILED BY THE 2ND PETITIOENR BEFORE THE 2ND RESPONDENT.

EXHIBIT P4: COPY OF THE RELEVANT PORTION OF THE DECISION OF THE 1ST RESPONDENT DATED 29.11.2021