Shamsudheen vs The Secretary, Regional ...
2023 Latest Caselaw 5546 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
                        WP(C) NO. 14923 OF 2023
PETITIONER/S:

    1       SHAMSUDHEEN
            AGED 61 YEARS
            S/O KAMUKUTTY HAJI, MADASSERI HOUSE, ANAMANGAD P.O.,
            MALAPPURAM DISTRICT (REGISTERED OWNER OF STAGE CARRIAGE
            KL-56-C-7271)., PIN - 679357
    2       MOOIDUKUTTY
            AGED 67 YEARS
            S/O KUNHATHUMMA, MADASSERI HOUSE, ANAMANGAD P.O.,
            MALAPPURAM DISTRICT (REGISTERED OWNER OF STAGE CARRIAGE
            KL-50-A-3568), PIN - 679357
            BY ADV SAJU J.VALLYARA


RESPONDENT/S:

            THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
            MALAPPURAM, CIVIL STATION, MALAPPURAM P.O., MALAPPURAM
            DISTRICT, PIN - 676505



            SRI. JOBY JOSEPH-SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14923 OF 2023                 2




                                   JUDGMENT

This writ petition is filed seeking the following reliefs:-

''Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Exhibit P3 request submitted by the petitioners for revision of timings by interchange within a reasonable time limit to be fixed by this Honourable Court.''

2. The petitioners state that they are the registered owners of

stage carriages bearing Registration Nos. KL-56-C-7271 and KL-50-A-

3568, covered by regular permits. Seeking to revise their timings on

the premise that it will be beneficial to the traveling public, they have

submitted Ext.P3 request before the respondent. The only request is

for expeditious consideration of the same.

3. The learned Government Pleader submits that the request

made by the petitioners can be considered on a priority basis, and a

decision can be taken within 3 months.

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 by issuing the following directions:

a) The respondent shall take up, consider and pass

appropriate orders on Ext P3 after affording an opportunity

of being heard, either physically or virtually, to the

petitioners 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

from the date of production of a copy of this judgment.

c) It would be open to the petitioners 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/-

MURALI PURUSHOTHAMAN JUDGE ajt

APPENDIX OF WP(C) 14923/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.KL1010/5109/1994 IN RESPECT OF THE 1ST PETITIONER'S VEHICLE KL-56-C-7271 ISSUED BY THE RESPONDENT DATED 03.12.2022 Exhibit P2 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.KL99/1071/2001 IN RESPECT OF THE 2ND PETITIONER'S VEHICLE KL-50-A-3568 ISSUED BY THE SECRETARY, R.T.A., PALAKKAD DATED 25.01.2023 Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED 20.02.2023 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 2757/2023 DATED 03.02.2023