Kerala High Court
Muhammed Ismail vs The Secretary, Regional ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33416 OF 2022
NAME AND ADDRESS OF THE PETITIONER:
MUHAMMED ISMAIL,
S/O AIDROSS, PONNAMPADIKKAL HOUSE, SANTHIPURAM PO,
KODUNGALLUR, THRISSUR, PIN-686 545.
BY ADV O.D.SIVADAS
NAME AND ADDRESS OF THE RESPONDENTS:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, THRISSUR, PIN- 680 001.
2 THE STATION HOUSE OFFICER,
GURUVAUR POLICE STATION,
GURUVAYOOR, THRISSUR DISTRICT, PIN-680 101.
SRI.V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33416 OF 2022
2
JUDGMENT
This writ petition is filed with the following prayers:
I) Issue a writ of mandamus or any other appropriate
writ, order or direction, commanding the 1st
respondent to issue certified copy of the time sheet of
petitioner's stage carriage bearing No.KL 46 T 7585,
enabling the petitioner to conduct his Guruvayoor
service on the route in question Kodungallur -
Ernakulam without any interference by the police.
ii) Issue any appropriate writ, order or direction,
restraining the 2nd respondent from intercepting the
petitioner's stage carriage No. KL 46 T 7585,
operating on the route Guruvayoor Kodungallur
Ernakulam, while conducting service on the basis of
Ext.P1 and P2 timing on the ground of non-
production of original time sheet;
iii) Issue appropriate writ, order or direction, directing the
1st respondent to permit the petitioner to conduct his
stage carriage No.KL 46 T 7585 on the route
Guruvayoor- Kodungallur -Ernakulam, on the basis of
Exts.P1 and Ext.P2, without any obstruction from the
2nd respondent;
iv) Grant such other reliefs which this Honorable court
just and fit in the circumstance of the case.
2. The petitioner is an existing stage carriage operator on
the route Guruvayoor - Kodungallur - Ernakulam and according to
WP(C) NO. 33416 OF 2022
the petitioner, the permit is valid till 21.08.2026. The grievance of
the petitioner is that the 2nd respondent intercepted vehicle of the
petitioner while conducting service and directed to stop his service
until the original copy of the time sheet is produced by the
petitioner.
3. According to the petitioner, he is only having a copy of
the same and the same is produced as Ext.P2 in this writ petition.
The petitioner submitted an application before the 1 st respondent
for getting the certified copy of the time schedule of the vehicle
and the same is not received. The prayer of the petition is to allow
the petitioner to ply his vehicle till the certified copy of the time
schedule is issued to the petitioner.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader.
5. After hearing both sides, I think the petitioner can be
allowed to continue with the service till the certified copy of the
time schedule of his vehicle based on Ext.P2 is issued to the
petitioner.
Therefore this writ petition is disposed of with the following
WP(C) NO. 33416 OF 2022
directions:
1. The 1st respondent is directed to consider Ext.P3
application and issue a certified copy of the time schedule
of the petitioner's stage carriage bearing No.KL- 46 T
7585 based on Ext.P1 .
2. Till the certified copy of the time schedule is issued
by the 1st respondent, the petitioner is allowed to continue
with the service based on Exts.P1 and P2.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nak
WP(C) NO. 33416 OF 2022
APPENDIX OF WP(C) 33416/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT ISSUED IN RESPECT
OF STAGE CARRIAGE BEARING NO.KL 46 T
7585, BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF THE TIME SHEET ISSUED ON
11.4.1997, BY THE 1ST RESPONDENT.
Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE REGIONAL TRANSPORT
OFFICER, THRISSUR,
Exhibit P4 TRUE COPY OF THE REQUEST DATED 6.10.2022
SUBMITTED BY THE PETITIONER BEFORE THE
REGIONAL TRANSPORT OFFICER.
