Sandeep K.S vs The Regional Transport Authority
2023 Latest Caselaw 2753 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944



                     WP(C) NO. 7036 OF 2023
PETITIONER:

            SANDEEP K.S
            AGED 45 YEARS
            S/O SANKARAN, KODAVANPARAMBIL, MALAPPURATH,
            KOTHACHIRA NANGALASSERRY, PATAMBI,
            PALAKKAD, PIN - 679303.

            BY ADV K.V.GOPINATHAN NAIR

RESPONDENTS:

    1       THE REGIONAL TRANSPORT AUTHORITY
            REPRESENTED BY ITS SECRETARY, KENATHUPARAMBU,
            KUNATHURMEDU, PALAKKAD, PIN - 678001.

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



            SMT.DEEPA V, GP


     THIS WRIT PETITION       (CIVIL) HAVING    COME UP     FOR
ADMISSION ON 01.03.2023,      THE COURT ON     THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 7036 OF 2023                    2




                                   JUDGMENT

The petitioner states that he is an existing operator, operating

limited stop ordinary service on the route Guruvayur-Palakkad, using stage

carriages bearing registration Nos. KL 7/CF 5238, KL 11/BA 9369 and KL

10/AZ 6058.

2. According to the petitioner, on the basis of complaints filed by

certain operators, a conference was convened by the 2nd respondent, and

Ext.P2 decision was taken, fixing the stops applicable to all limited stop

services as well as ordinary services. It is stated that the issue is now

pending consideration before the 1st respondent. The petitioner is stated

to have preferred Ext.P4 representation before the 1st respondent. In the

afore circumstances, this writ petition is filed seeking the following reliefs;

''i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider Exhibit.P4 representation submitted by the petitioner along with the complaints included for consideration as item No.22 if the meeting now scheduled to 6.3.2023 after affording opportunity of being heard to the petitioner also, in the interest of justice;

3. Heard, Sri. K.V. Gopinathan Nair, the learned counsel for the

petitioner as well as the learned Government Pleader.

4. It is submitted by the learned Government Pleader that if

Ext.P4 representation is in order, there can be no impediment in

considering the same.

In that view of the matter, this writ petition is disposed of directing

the 1st respondent to consider Ext.P4 representation submitted by the

petitioner and pass appropriate orders in accordance with law in the

meeting scheduled for the purpose.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE Dxy

APPENDIX OF WP(C) 7036/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF JUDGMENT IN W.P.(C )26097 OF 2022 DATED 12.8.2022.

Exhibit P2 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 17.12.2022.

Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF THE AGENDA OF THE MEETING SCHEDULED TO 6.3.2023.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 22.2.2023.

RESPONDENTS EXHIBITS : NIL