Kerala High Court
K.Aboobacker vs The Regional Transport Authority on 3 February, 2023
WP(C) NO. 1359 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
WP(C) NO. 1359 OF 2022
PETITIONER:
K.ABOOBACKER,
AGED 52 YEARS
S/O. LATE KHADER, VEETILAVALAPPIL HOUSE,
PUNNAYURKULAM P.O., THRISSUR.
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, MALAPPURAM,
CIVIL STATION P.O., UPHIL, MALAPPURAM-676 505.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICE, MALAPPURAM, CIVIL STATION P.O., UPHIL,
MALAPPURAM-676 505.
3 THE JOINT REGIONAL TRANSPORT OFFICER,
JOINT REGIONAL TRANSPORT OFFICE, PONNANI,
PONNANI P.O., MALAPPURAM-679 577.
4 MADHUSOODHANAN,
S/O. RADHAKRISHNAN, MANDAKATHINGAL HOUSE,
K.K JUNCTION, EZHUVATHURUTHY, PONNANI,
MALAPPURAM-679 577.
AS PER ORDER DATED 01/07/2022 IN IA-1/22 IN WP(C)
1359/22 ADDRESS OF R4 IS SUBSTITUTED WITH:
SMT.MALATHY, W/O RADHAKRISHNAN,
MANDAGATHINGAL HOUSE, KUNDUKADAVU JUNCTION,
PONNANI, MALAPPURAM, PIN - 679 577
BY ADV K.V.GOPINATHAN NAIR
WP(C) NO. 1359 OF 2022 2
SMT MABLE C KURIAN, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 1359 OF 2022 3
JUDGMENT
The petitioner states that he is an existing stage carriage operator
operating on the route Ponnani-Kunnamkulam using stage carriage KL-54
4100. His grievance in this writ petition concerns the inaction on the part of
the respondents in curtailing the alleged illegal operation carried out by the
4th respondent, as, according to the petitioner, the 4th respondent is not
operating in consonance with the time schedule allotted to him. The
petitioner has filed this writ petition seeking the following relief:
i) issue a writ of mandamus or such other writs, order or
direction, directing the respondent to consider Ext.P3 request
submitted under Rule 213, 215 and 216 of the K.M.V Rules against
the illegal operation conducted by the 4th respondent with stage
carriage KL-54 N 25 operating on the route Kundukadavu Junction-
Puthenpally and take appropriate action as provided for under Rule
213, 215 and 216 of the K.M.V Rules, within a time frame as this
Hon'ble Court may deem fit and proper.
2. A counter affidavit has been filed by the 4th respondent
countering the assertions made by the petitioner. The 4th respondent
asserts that he has already preferred Ext.R4(a) complaint before the 2nd
respondent complaining that the petitioner is the person who is acting
against the provisions of the Act and Rules.
3. I have heard the learned counsel for both sides and have
considered the submissions advanced. The learned Government Pleader
submits that if a decision has not yet been taken on Ext.P3 and R4(a), both
sides can be heard, and appropriate decision can be taken.
4. Having considered the submissions, I am of the view that
necessary directions can be issued to the 2nd respondent to consider the
grievances of the petitioner as well as the contesting respondents.
Resultantly, this writ petition is ordered as under:
a) If orders have not yet been passed on Ext.P3 and
R4(a), the 2nd respondent shall consider the same and take a
decision with notice to the petitioner, the 4th respondent, and
other affected parties, expeditiously, in any event, within two
months from the date of receipt of a copy of this judgment.
b) It would be open to the petitioner/4th respondent
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
IAP
APPENDIX OF WP(C) 1359/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE PETITIONER'S PERMIT
DATED 21.12.2021.
Exhibit P2 TRUE COPY OF THE EXTRACT OF THE TIMING
OF 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF THE OBJECTION PREFERRED BY
PETITIONER DATED 23.12.2021.
Exhibit P4 TRUE COPY OF THE OBJECTION OF DYFI DATED
19.11.2021.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC NO.
2413/2020 DATED 29.1.2020.
RESPONDENTS' EXHIBITS:
Exhibit R4(a) TRUE COPY OF THE COMPLAINT SUBMITTED BY
THE 4TH RESPONDENT DATED 17.1.2022 TO
THE 2ND RESPONDENT.
