Sarath Kumar C vs The Secretary, Regional ...
2022 Latest Caselaw 10358 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                    WP(C) NO. 31642 OF 2022
PETITIONER/S:

            SARATH KUMAR C.,
            AGED 38 YEARS
            S/O GODAVARMA RAJA, RESIDING AT PADIMALIKA,
            KUTTAMATH, NEAR A.K.G.MANDIR, THIMIRI, KASARGOD
            DISTRICT-671 313.
            BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENT/S:

            THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
            CIVIL STATION, VIDYANAGAR PO,
            KASARAGODE- 671 123.
OTHER PRESENT:

            0
            SR GP. V.K. SUNIL


     THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION    ON   07.10.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 31642 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 31642 of 2022
                       =============================================================

                   Dated this the 7th day of October, 2022

                                          JUDGMENT

The above writ petition is filed with following reliefs:

"(i) issue a writ of mandamus or other appropriate Writs, Directions or Orders directing the respondent to forthwith comply Exhibit P-3 interim order passed by the Tribunal and issue temporary permit to the petitioner to operate on the route Thalappachery - Kasaragode in respect of his stage carriage bearing registration No.KL60R 9072.

(ii) Render such other orders as are deemed fit and proper in the circumstances of the case." (sic)

2. The main prayer in this writ petition is to issue

appropriate direction to the respondent to comply with Ext.P3

interim order passed by the Tribunal and issue temporary permit

to operate on the route Thalappacherry - Kasaragode in respect

of his stage carriage bearing Reg.No.KL-60/R-9072.

W.P.(C). No. 31642 of 2022

3. Heard the counsel for the petitioner and the

Government Pleader.

4. Once an order is passed by the Tribunal, it is the

duty of the Tribunal to see that the same is implemented in its

letter and spirit. Ext.P3 is the order passed by the Tribunal on

29.08.2022. It is surprising to see that the same is not complied

even now. If it is not varied or modified and the same became

final, it is the duty of the respondent to implement the same

forth with.

Therefore, this writ petition is disposed of directing the

respondent to implement Ext.P3 forthwith, at any rate within

two weeks from the date of receipt of a copy of this judgment,

if the same became final and it is not varied or modified by any

competent authority. sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 31642 of 2022

APPENDIX OF WP(C) 31642/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECISION OF RTA AT ITS MEETING HELD ON 26-02-2021.

Exhibit P2 TRUE COPY OF THE MEMORANDUM OF REVISION PETITION IN MVARP NO.19 OF 2021.

Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL IN M.P.NO.801 OF 2022 IN MVARP NO.19/2021 DATED 29-08-2022.