Kerala High Court
Shameer vs Secretary, Rta, Kozhikode on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 2718 OF 2015
PETITIONER:
SHAMEER
AGED 33 YEARS, S/O.MOIDEEN, MULLAPPALLY HOUSE,
KURUVATTUR, KAKKODI (VIA), KOZHIKODE.
BY ADV SRI.P.DEEPAK
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE - 673 001.
2 K.C.SIVANANDAN,
KOMATTUCHALIL HOUSE, P.O.KONOTT
KUNNAMANGALAM, KOZHIKODE - 673 571.
BY ADV SMT.SHERLY THOMAS
SRI.JOBY JOSEPH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2718 of 2015
2
JUDGMENT
Dated this the 11th day of January, 2023
This writ petition is filed by the petitioner seeking the
following reliefs:
"1. Issue a writ in the nature of certiorari or such other
writ, order or direction calling for the records leading
to Ext.P5 and quash the same;
2. Issue a writ in the nature of prohibition or such other
writ, order or direction restraining the permanent Lok
Adalath from proceeding further with Ext.P6
application.
3. Declare that the permanent Lok Adalath has no
jurisdiction to entertain or consider Exhibit P6
application filed by the 2nd respondent herein, a
matter falling wholly and exclusively within the
jurisdiction of the authorities constituted under the
Motor Vehicles Act, 1988."
2. The basic contention advanced by the petitioner in
this writ petition is that when there are clear provisions under
the Motor Vehicles Act, 1988 and the Kerala Motor Vehicles
Rules, 1989, the application filed under the Legal Services
Authorities Act before the permanent Lok Adalath for
W.P.(C)No.2718 of 2015
settlement of the issues in respect of the permit granted,
cannot be sustained under law.
3. When the writ petition was admitted to the files of
this court, the proceedings in O.P.(P.L.)No.02/2015 was stayed
by this court on 30.01.2015 for a period of two months, which
was extended until further orders on 16.06.2015. Now seven
years have elapsed and it cannot be presumed that anybody
would be interested to pursue the proceedings before the
permanent Lok Adalath since the subject issue is in relation to
the permit issued to a stage carriage. If, in any manner, the
party respondent is still aggrieved by the permit held by the
petitioner, he will be at liberty to proceed in accordance with
the provisions of the Motor Vehicles Act, 1988 and the Kerala
Motor Vehicles Rules, 1989. All the questions of law raised in
the writ petition are left open.
Writ petition is disposed of as above.
Sd/-
Shaji P. Chaly
Judge
vpv
W.P.(C)No.2718 of 2015
APPENDIX OF WP(C) 2718/2015
PETITIONER EXHIBITS
EXT.P1 A TRUE COPY OF THE SAID PERMIT (PERMIT
NO.P.ST 11/8/2005).
EXT.P2 A TRUE COPY OF THE REGULAR PERMIT (PERMIT
NO.P.ST.C2/8/2005/D VALID FOR THE PERIOD
FROM 2.8.2005 TO 01.08.2010 ISSUED IN THE
NAME OF SRI.T.K.ABDUL NAZEER.
EXT.P3 A TRUE COPY OF THE REGULAR PERMIT (PERMIT
NO.11/8/2005) ISSUED IN THE NAME OF
SRI.C.P.UMAI BHANU.
EXT.P4 A TRUE COPY OF THE PROCEEDINGS OF THE
REGIONAL TRANSPORT AUTHORITY, KOZHIKODE
DATED 20.12.2012.
EXT.P5 A TRUE COPY OF THE NOTICE DATED 13.01.2015.
EXT.P6 A TRUE COPY OF THE ORIGINAL APPLICATION IN
OP(P.L) NO.2/2015 ON THE FILES OF THE
PERMANENT LOK ADALAT (FOR PUBLIC UTILITY
SERVICES), KOZHIKODE.
EXT.P7 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
DECISION OF THE REGIONAL TRANSPORT
AUTHORITY, KOZHIKODE TAKEN ON 26.3.2010.
EXT.P8 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
SAID DECISION OF THE RTA, KOZHIKODE IN ITEM
NO: 39(G1/105806/2011D).
//TRUE COPY//
P.A. TO JUDGE
