K.B. Mabin vs The Secretary, Regional ...
2023 Latest Caselaw 1772 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

                    WP(C) NO. 2858 OF 2023

PETITIONER/S:

            K.B. MABIN
            AGED 30 YEARS
            S/O BABY,
            KOOLA HOUSE, MOORKANIKARA
            THRISSUR - 680014, PIN - 680014

            BY ADV K.V.GOPINATHAN NAIR

RESPONDENT/S:

    1       THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
            PALAKKAD, KENATHUPARAMBU,
            KUNATHURMEDU, PALAKKAD, PIN - 678001

    2       NANDANAN.P.
            PULLANIKATTIL HOUSE, MUTHUTHALA,
            KOZHIKKOTTIRI, PATTAMBI
            PALAKKAD, PIN - 679301



            SRI T.R RENJITH SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2858 OF 2023

                                           2



                                     JUDGMENT

The petitioner states that he is an existing operator serving on the

Pattambi-Palakkad route using Stage Carriage bearing Reg. No. KL 35/C

6651. He has approached this Court seeking the following relief:

i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider Exhibit P2 objection submitted by the petitioner regarding the allotment of departure time for the 2nd respondent service 1.51 p.m. from Palakkad in respect of Stage Carriage KL 07/CF 5238 after affording an opportunity of being heard to the petitioner as well as the 2nd respondent and other interested parties if any, forthwith, or at any rate within a time limit to be fixed by this Hon'ble Court, in the interest of justice.

2. Heard Sri. K.V. Gopinathan Nair, the learned counsel appearing

for the petitioner, Sri. O.D. Sivadas, the learned counsel appearing for the

2nd respondent and the learned Senior Government Pleader.

3. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext P1, in strict WP(C) NO. 2858 OF 2023

compliance with the procedure, after affording an

opportunity of being heard, either physically or virtually, to

the petitioner herein, the 2nd respondent and other affected

parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 2858 OF 2023

APPENDIX OF WP(C) 2858/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1 ST RESPONDENT DATED 7.1.2023