Abdulla Koya O.N vs The Secretary (Regional ...
2023 Latest Caselaw 2955 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                    WP(C) NO. 8099 OF 2023

PETITIONER/S:

          ABDULLA KOYA O.N.
          AGED 58 YEARS
          S/O KUNHIKAMMU, KOZHITHOTTAM HOUSE,
          BEYPORE P.O., KOZHIKODE DISTRICT,
          PIN - 673015

          BY ADV SAJU J.VALLYARA

RESPONDENT/S:

          THE SECRETARY (REGIONAL TRANSPORT OFFICER)
          REGIONAL TRANSPORT AUTHORITY,
          KOZHIKODE, CIVIL STATION,
          KOZHIKODE DISTRICT, PIN - 673020



          SMT. AMMINIKUTTY, SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.8099 of 2023

                                            2




                                     JUDGMENT

The petitioner states that he is the holder of a regular permit in

respect of stage carriage bearing Reg. No. KL-11-BS-3009 operating service

on the route Beypore-City-Puthiyappa. He has approached this court seeking

the following relief.

i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Exhibit P-6 request for correcting the mistakes in the timings of the petitioner's service in respect of stage carriage, KL-11-BS-3009 operating on the route Beypore-City-Puthiyappa, within a reasonable time limit to be fixed by this Hon'ble Court.

2. Heard Sri. Saju J. Vallyara, the learned counsel appearing for the

petitioner and Smt. Amminikutty, the learned Senior Government Pleader.

3. The learned Government Pleader submits that Ext.P6 request

can be taken up and disposed of within three months on seniority basis.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions: W.P.(C) No.8099 of 2023

a) There will be a direction to the respondent to take up,

consider and pass appropriate orders on Ext.P6 after affording

an opportunity of being heard, either physically or virtually, to

the petitioner herein and other affected parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three months on a first come,

first go basis from the date of production of a copy of this

judgment.

c) It would be open to the petitioner 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 NS W.P.(C) No.8099 of 2023

APPENDIX OF WP(C) 8099/2023

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.

KL1111/12/1988 ISSUED BY THE RESPONDENT TO THE PETITIONER'S VEHICLE KL-11-BS-3009 ON 12.02.2021 Exhibit P2 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE RESPONDENT VIDE ORDER NO.C1/32860/97 DATED 26.11.1997 Exhibit P3 TRUE PHOTOCOPY OF THE TIME SHEET IN RESPECT OF THE PETITIONER'S PREVIOUS STAGE CARRIAGE KL-11-U-8899 ISSUED BY THE RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE RESPONDENT VIDE ORDER NO.C3/3135/2013/D DATED 24.09.2013 Exhibit P5 TRUE PHOTOCOPY OF THE DIGITAL TIME SHEET IN RESPECT OF THE PETITIONER'S STAGE CARRIAGE KL-11-BS-3009 ISSUED BY THE RESPONDENT DATED 08.07.2022 Exhibit P6 TRUE PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 03.12.2022

RESPONDENT(S) EXHIBITS : NIL