Kerala High Court
Ramesh K vs The Regional Transport Authority 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. 460 OF 2023
PETITIONER:
RAMESH K
AGED 51 YEARS
S/O APPUKUTTAN, KIZHAKKANAT HOUSE,
K.PURAM P.O THANALUR
MALAPPURAM, PIN - 676307
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, UP HILL POST,
MALAPPURAM,
REPRESENTED BY THE SECRETARY, PIN - 676505
2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, UP HILL POST
MALAPPURAM, PIN - 676505
3 JOINT REGIONAL TRANSPORT OFFICER
CIVIL STATION, AYYANTHOLE PO
THRISSUR-, PIN - 680003
SRI SUNIL KUMAR KURIAKOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.460/2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.460 of 2023
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Dated this the 06th day of January, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
2nd respondent to initiate proceedings under
section 86 of the Motor Vehicles Act against the
stage carriages which are conducting illegal and
unauthorized operation by curtailment of trips
and route and to take further proceedings in
complayance with the directions contained in
Exhibit P1 of the 1 st respondent as detailed in
Exhibit P3 complaint after affording opportunity
of being heard to the petitioner and the
concerned operators, in the interest of justice.
ii. To dispense with the filing of translation of
vernacular documents.
iii. To issue any other appropriate writ, direction or
order which this Hon'ble High Court deem fit in
the circumstances of the case. (SIC)
2. It is the case of the petitioner that as per Ext.P1,
fine was imposed for illegal curtailment of trips in violation of
the permit conditions. It is submitted that even then there is
WP(C).No.460/2023
subsequent violation as evident by Ext.P2. The petitioner
submitted Ext.P3 representation before the 2nd respondent.
The prayer in the writ petition is for a consideration of the
same.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. After hearing both sides, I am of the opinion that
there can be a direction to the 2nd respondent to consider
Ext.P3, after giving an opportunity of hearing to the petitioner
and other affected parties.
Therefore, this writ petition is disposed of in the
following manner:
There will be a direction to the 2nd respondent to
consider and pass appropriate orders in Ext.P3,
after affording an opportunity of hearing to the
petitioner and other affected parties, taking note
of Ext.P1, as expeditiously as possible, at any
rate, within two months from the date of receipt
of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.460/2023
APPENDIX OF WP(C) 460/2023
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE RELEVANT PORTION OF
THE DECISION OF THE 1ST RESPONDENT IN
ITEM NO.55 OF THE MEETING HELD ON
15.10.2019
Exhibit P2 TRUE COPY OF THE INTIMATION NO .
RTA/2255/2022/ M .T DATED 10/8/2022
ISSUED BY THE JOINT RTO WITH ENGLISH
TRANSLATION
Exhibit P3 TRUE COPY OF THE DETAILED COMPLAINT
SUBMITTED BY THE PETITIONER POINTING
OUT THE UNAUTHORIZED AND ILLEGAL
CURTAILMENT OF TRIPS AND ROUTE
CONDUCTING BY T,HOSE SERVICES AND TO
TAKE APPROPRIATE ACTION AS PER SECTION
86 OF THE MOTOR VEHICLES ACT AS
DIRECTED BY THE RTA DATED 3.1.2023,
