Joshi C.N vs The Secretary, Regional ...
2022 Latest Caselaw 10482 Ker

WP(C) NO. 31586 OF 2022              1



                 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. 31586 OF 2022
PETITIONER/S:

               JOSHI C.N
               AGED 62 YEARS
               S/O NARAYANAN, CHERAKULAM HOUSE, THANNISSERY,
               THRISSUR-680701.

               BY ADV NAZRIN BANU


RESPONDENT/S:
     1    THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          THRISSUR, REGIONAL TRANSPORT OFFICE, THRISSUR-670003.

      2        JOJI GEORGE,
               MANJALY HOUSE, OLLUR P.O, THRISUR-680306.

      3        THE JOINT REGIONAL TRANSPORT OFFICER,
               SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA,
               THRISSUR-680125.


OTHER PRESENT:
          GP JIMMY GEORGE




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31586 OF 2022                  2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.31586 of 2022
                     --------------------------------------
                Dated this the 7th day of October, 2022


                                       JUDGMENT

The above writ petition is filed with following prayers :

(i) Issue a writ in the nature of mandamus or such other writ order or direction commanding the 1 st respondent to act upon Ext.P4 complaint and issue a consequential consolidated time schedule to the 2nd respondent's stage carriage bearing registration number KL-08-AS-6145 incorporating the revision made vide Exhibit P3 proceedings.

(ii) Issue such other writ order or direction as this Honorable Court may deem fit and apposite in the facts and circumstances of the case." [SIC]

2. The grievance of the petitioner is that the 2 nd

respondent is conducting his stage carriage operation without

adhering to the approved time schedule and the 1st respondent

is refusing to take any remedial measures despite having found

that the complaints filed by the petitioner in this regard are

genuine and true in all material particulars. The petitioner

already submitted Ext.P4 before the 1st respondent. But there is

no action on Ext.P4. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. After hearing both sides, I think there can be a

direction to the 1st respondent to consider Ext.P4 after giving an

opportunity of hearing to the petitioner and the 2 nd respondent

within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) There will be a direction to the 1 st respondent to consider

and pass appropriate orders in Ext.P4 as expeditiously as

possible, at any rate, within three weeks from the date of

receipt of a copy of this judgment.

2) Before passing final orders, an opportunity of hearing

should be given to the petitioner and the 2nd respondent.

3) Since this writ petition is disposed of without hearing the

2nd respondent and if the 2nd respondent is aggrieved by

the same, the 2nd respondent is free to file a review petition

before this Court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 31586/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER VALID TILL 27.06.2023.

Exhibit P1(A) A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 06.08.2003.

Exhibit P2 A TRUE COPY OF THE TIME SCHEDULE ORIGINALLY ISSUED TO THE 2ND RESPONDENT'S STAGE CARRIAGE SERVICE ON THE ROUTE CHIMMINI DAM- KODUNGALLUR.

Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 28.11.2001.

Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED 19.09.2022 ADDRESSED TO THE 1ST RESPONDENT ALONG WITH ENGLISH TRANSLATION.

Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 19.09.2022 OF THE 3RD RESPONDENT.