Citation : 2023 Latest Caselaw 3996 Ker
Judgement Date : 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 8858 OF 2023
PETITIONER/S:
V. ABDU,
AGED 58 YEARS
S/O. KUTTOOSA, VADAKKAN HOUSE, CHANKUVETTIKKUNDU,
KOTTAKKAL PO, MALAPPURAM, PIN - 676503
BY ADV O.D.SIVADAS
RESPONDENT/S:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,, PIN -
676001
2 MUHAMMED SHAFI,
S/O. MUHAMMED HAJI, LAVERNA HOUSE, VALAKKULAM
POST, MELE KOZHICHENA, MALAPPURAM DISTRICT, PIN -
676508
OTHER PRESENT:
ADV T R RENJITH -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 8858 of 2023
2
JUDGMENT
The petitioner is an existing operator on the route
Indianoor - Parappanangadi via. Kavthikkalam, Kottakkal,
Tirur, Kodinji, Kakkadu. The petitioner is operating through the
stage carriage bearing registration No. KL 10/AF 6825. The
petitioner has certain grievances with reference to the timing
of the 2nd respondent.
2. It is pointed out that, now the 2nd respondent
submitted an application, for revision of his own timings. The
petitioner submitted Ext.P4 objection before the 1 st
respondent, in respect of the revision of timing sought by the
2nd respondent. The limited prayer sought by the petitioner in
this writ petition is to direct the 1 st respondent herein to take
into account the objection raised by the petitioner while
considering the application for revision of timing of the 2 nd
respondent.
Considering the facts and circumstances of the case, I
deem it appropriate to dispose of this writ petition with the W.P.(C) No. 8858 of 2023
following direction : The 1 st respondent shall take into
consideration the matters highlighted in Ext.P4 objection
submitted by the petitioner, while taking a decision on the
application of revision of timings of the 2 nd respondent who is
operating stage carriage bearing registration No. KL 65 J
6840.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk W.P.(C) No. 8858 of 2023
APPENDIX OF WP(C) 8858/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TIME SHEET OF THE PETITIONER'S SERVICE ON THE ROUTE INDIANOOR - PARAPPANANGADI ISSUED BY THE 1ST RESPONDENT. DATED 12/11/1998 Exhibit P2 TRUE COPY OF THE TIMING ISSUED IN RESPECT OF STAGE CARRIAGE BEARING NO.KL 65 J 6840, ISSUED BY THE 1ST RESPONDENT DATED 28/05/2001 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 02.02.2023 IN W.P.(C) NO.40563/2022 RENDERED BY THIS HON'BLE COURT Exhibit P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 5.5.2022 BEFORE THE 1ST RESPONDENT.
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