M. Shoukath Ali vs State Of Kerala
2022 Latest Caselaw 204 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                         WP(C) NO. 26884 OF 2021
PETITIONER:
              M. SHOUKATH ALI
              AGED 60 YEARS
              S/O.MOHAMMED MOIDEEN, T C 19/993-6, THRIVKRAMANGALAM,
              POOJAPURA P.O., MUDAVANMUKAL, THIRUVANANTHAPURAM PIN 695
              012

              BY ADVS.
              VINOD MADHAVAN
              M.V.BOSE
              SHARATH S.PUTHENPARAMPAN



RESPONDENTS:
     1     STATE OF KERALA
           REP.BY THE CHIEF SECRETARY TO THE GOVERNMENT,
           SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

     2        THE TRANSPORT DEPARTMENT
              GOVERNMENT OF KERALA, REP.BY THE SECRETARY, SECRETARIAT,
              THIRUVANANTHAPURAM PIN 695 001

     3        THE FOOD AND CIVIL SUPPLIES DEPARTMENT
              GOVERNMENT OF KERALA, REP.BY THE SECRETARY, SECRETARIAT,
              THIRUVANANTHAPURAM PIN 695 001

     4        THE DEPUTY TRANSPORT COMMISSIONER
              SOUTH ZONE, 8TH FLOOR, CIVIL STATION, KADAPPANAKUNNU,
              THIRUVANANTHAPURAM PIN 695 043

     5        KERALA STATE CIVIL SUPPLIES CORPORATION LTD.
              REP.BY ITS CHAIRMAN AND MANAGING DIRECTOR, MAVELI ROAD,
              GANDHI NAGAR, KOCHI 682 192

              BY SR.GOVT.PLEADER:SMT.SHEEJA.C.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   2
WP(C) NO. 26884 OF 2021




                            JUDGMENT

The grievance of the petitioner relates to levying

of different freight charges in respect of goods

carriage vehicles of same classification. The petitioner

is a transportation contractor who hires goods carriage

vehicles to meet transportation requirements.

2. Section 67(1)(i) of the Motor Vehicles Act,

1987, enables the State Government to fix fares and

freights for stage carriages, contract carriages and

goods carriages.

3. It is brought to the notice of the Court that,

pending the Writ Petition, a Fair Revision Committee has

been constituted by the Government to look into the

issue.

The learned counsel for the petitioner submits that,

pending submission of the report by the Committee and

its consideration by the Government, an interim

WP(C) NO. 26884 OF 2021

arrangement is to be made. It will be open for the

petitioner to move the Government seeking the said

relief. If such a request is made, the Government may

consider the feasibility of the same and pass

appropriate orders.

Writ Petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 26884 OF 2021

APPENDIX OF WP(C) 26884/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TRANSPORTATION CONTRACT AWARDED TO THE PETITIONER DATED 7.12.2020

Exhibit P2 TRUE COPY OF THE MINUTES OF MEETING DATED 20.6.2021 CONVENED BY THE ADM

Exhibit P3 TRUE COPY OF THE REPRESENTATION 30.9.2021 SUBMITTED BEFORE THE CHIEF SECRETARY OF THE GOVERNMENT OF KERALA, ALONG WITH ACKNOWLEDGMENT CARD

Exhibit P4 TRUE COPY OF THE REPRESENTATION 30.9.2021 SUBMITTED BEFORE THE TRANSPORT COMMISSIONER, ALONG WITH ACKNOWLEDGMENT CARD

Exhibit P5 TRUE COPY OF THE REPRESENTATION 30.9.2021 SUBMITTED BEFORE THE SECRETARY FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA, ALONG WITH ACKNOWLEDGMENT

Exhibit P6 TRUE COPY OF THE REPRESENTATION 2.11.2021 SUBMITTED BEFORE THE TRANSPORT SECRETARY, ALONG WITH POSTAL RECEIPT AND TRACKING

Exhibit P7 TRUE COPY OF THE LETTER WITH REFERENCE FILE NO.SZE/84/2021-DTCSZ DATED 27.10.2021 ISSUED BY THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE

Exhibit P8 TRUE COPY OF THE LETTER NO.NFSA-3318/21 DATED 21.10.2021 ISSUED BY THE KERALA STATE CIVIL SUPPLIES COPORATION

Exhibit P8(a) TYPED COPY OF EXHIBIT P8 LETTER

WP(C) NO. 26884 OF 2021

Exhibit P9 TRUE COPY OF THE ORDER DATED 6.2.2021 OF THE FOOD AND CIVIL SUPPLIES DEPARTMENT, GOVERNMENT OF KERALA.