Kerala High Court
Abdul Thahir vs The Secretary on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42772 OF 2022
PETITIONER:
ABDUL THAHIR
AGED 45 YEARS
S/O AYSHABI, THENAMPULAKKAL HOUSE, EDARIKODE P.O.,
MALAPPURAM - 679303
BY ADV I.DINESH MENON
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM ,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
MALAPPURAM - 676505
OTHER PRESENT:
SRI.SUNIL KURIAKOSE SR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.42772 of 2022 2
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C) No.42772 of 2022
--------------------------------------
Dated this the 6th day of Janurary, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
(i) To issue a writ of mandamus or such other writs,
directing the Secretary Regional Transport
Authority Malappuram to issue the varied permit
granted as per Ext.P4 proceedings with Ext.P6
clash free timings as relating to the permit on the
route Tirur-Tirur in respect of SC KL-55/Z-6074
within a time frame as this Hon'ble Court may
deem fit and proper in the facts and circumstances
of the case.
(ii) To grant such other reliefs as this Honourable
court may deem fit and proper.
2. The petitioner is a holder of a regular permit on the route
Tirur - Tirur via Vailathur, Puthanathani, Vettichira, Valanchery,
Kuttippuram, Thirunavaya, BP Angadi as ordinary service. The permit is
valid till 16.10.2027. According to the petitioner, he is operating with a
settled set of timings issued on 08.10.2009. The petitioner preferred an
application for variation of conditions of permit and as the same was not
considered , the petitioner approached this Court and this Court directed to
consider that application. When the directions are not complied, a contempt
case was filed and thereafter the application for variation was circulated
among the member of the Regional Transport Authority and the variation
was sanctioned subject to settlement of timings. Subsequently, the timing
was scheduled on 21.12.2022. On the said date, the timing conference was
not materialized and the timing conference was deferred. Now the petitioner
submitted Ext.P6 request along with the clash free timings. The submission
of the petitioner is that the same may be directed to be considered by the
respondent. Hence, this writ petition is filed.
3. Heard learned counsel for the petitioner and the learned
Government Pleader.
4. After hearing both sides, I am of the opinion that, there can be
direction to consider Ext.P6 by the respondent within a time frame.
Therefore, this writ petition is disposed of with following directions;
There will be a direction to the respondent to
consider Ext.P6 and pass appropriate orders in
it after giving an opportunity of hearing to the
petitioner and other affected parties, as
expeditiously as possible, at any rate, within
one month from the date of receipt of a copy
of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF WP(C) 42772/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO THE
PETITIONER DATED 29.10.2022.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUING
TIMINGS TO PETITIONER DATED 8.10.2009.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
14591/2021 DATED 12.8.2021.
Exhibit P4 TRUE COPY OF THE PROCEEDINGS GRANTING
VARIATION BY RTA, MALAPPURAM DATED
15.7.2022.
Exhibit P5 TRUE COPY OF THE NOTICE FOR TIMINGS
CONFERENCE DATED NIL.
Exhibit P6 TRUE COPY OF THE REQUEST SUBMITTED BY
PETITIONER DATED 21.12.2022.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.7721/2021 13.4.2021
