Nasser Hussain vs The Secretary, Regional ...
2022 Latest Caselaw 7489 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20395 OF 2022
PETITIONERS:

    1      NASSER HUSSAIN
           AGED 47 YEARS
           S/O. KUNHARAMU,
           KOORIMANNIL MELEMANNIL HOUSE,
           ANAKKAYAM, MUNDUPARAMBU,
           MALAPPURAM - 676 509.
    2      FIROZ. K,
           S/O. KUNJI MOHAMMED,
           KOOLIYODAN HOUSE, MALAMKULAM P. O.,
           MANJERI COLLEGE, MANJERI,
           MALAPPURAM - 676 122.

           BY ADV SRI. K.V.GOPINATHAN NAIR


RESPONDENTS:

    1      THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY
           MALAPPURAM, CIVIL STATION,
           UP HILL POST, MALAPPURAM - 676 505.
    2      SHIHABUDEEN P.K,
           S/O. ALAVI, POOLAKUNNAN HOUSE,
           THURAKKAL, NARUKARA P. O,
           MANJERI, MALAPPURAM - 676 122.

           SRI. JIMMY GEORGE - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20395 OF 2022

                                      2




                             JUDGMENT

The writ petition is filed alleging non compliance

of the directions of the State Transport Appellate

Tribunal rendered in Exts.P4 and P5 orders.

2. By Exts.P4 and P5 orders, the State

Transport Appellate Tribunal disposed of the revision

petitions filed by the petitioners, directing the 1 st

respondent herein to consider Exts.P2 and P3

objections of the petitioners and to pass fresh orders,

in accordance with law, after hearing all the

concerned parties, within a period of two months

from the date of receipt of a copy of Exts.P4 and P5

orders.

3. The grievance of the petitioners is that the

1st respondent has not taken steps to consider and

pass orders on Exts.P4 and P5 in spite of lapse of two WP(C).No.20395 OF 2022

months. Accordingly, the petitioners pray for a

direction to the 1st respondent to consider and pass

orders on Exts.P4 and P5, expeditiously.

4. Heard the learned counsel for the

petitioners and the learned Government Pleader for

the 1st respondent. In the nature of the directions I

propose to issue, notice to the 2nd respondent is

dispensed with.

5. It is submitted by the learned Government

Pleader that pursuant to Exts.P4 and P5, the parties

were heard. Since timing conference could not be

convened, no orders could be passed. However,

steps are being taken to comply with the directions in

Exts.P4 and P5 in the next timing conference.

6. Accordingly, there will be a direction to the

1st respondent to comply with the directions in

Exts.P4 and P5, within a period of six weeks from the

date of receipt of a copy of this judgment. WP(C).No.20395 OF 2022

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.20395 OF 2022

APPENDIX

PETITIONERS EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 07.11.2019. EXHIBIT P2 TRUE COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER DATED 29.05.2020. EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE 2ND PETITIONER DATED 29.05.2020. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE TRIBUNAL IN M.V.A.R.P NO.5 OF 2021 DATED 13.04.2022.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE TRIBUNAL IN M.V.A.R.P NO.6 OF 2021 DATED 13.04.2022.

     RESPONDENTS EXHIBITS:    NIL.