Kerala High Court
Abdu vs The Secretary on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 8TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
WP(C) NO. 29340 OF 2023
PETITIONERS:
1 ABDU
AGED 54 YEARS, S/O KUTTUSA, VADAKKANU HOUSE,
CHENGUVETTY KUNDU, KOTTAKKAL-(REGISTERED OWNER AND
PERMIT HOLDER OF STAGE CARRIAGE KL 10 /BD 6007),
PIN - 676503
2 SHIYAS.N
AGED 25 YEARS, S/O SAKKIR HUSSAIN, NADAKALATHIL HOUSE,
ARAKKUPARAMBA , MALAPPURAM (REGISTERED OWNER AND PERMIT
HOLDER OF STAGE CARRIAGE KL 10 /AT 2426), PIN - 679341
3 MOHAMMED ASHIK.C
AGED 30 YEARS, S/O MUHAMMED KUTTY CHAMMANCHERRY HOUSE,
MAMMALIPPADY, EDARIKODE (REGISTERED OWNER AND PERMIT
HOLDER OF STAGE CARRIAGE KL 58/D 4899), PIN - 676501
4 MUHAMMED KUTTY.P
AGED 63 YEARS, S/O MOIDEEN KUTTY, PALLIYADITHODI HOUSE,
CHAPPANANGADY, MALAPPURAM (REGISTERED OWNER AND PERMIT
HOLDER OF STAGE CARRIAGE KL O8/BH 5507), PIN - 676503
5 ABDUL HAMMEED
AGED 64 YEARS, S/O POKKER,THARAMAPARAMBIL HOUSE ,
PAKARA, KANALLOOR P.O, MALAPPURAM (REGISTERED OWNER AND
PERMIT HOLDER OF STAGE CARRIAGE KL 55/E 9623),
PIN - 676301
6 HAMZA HAJI
AGED 62 YEARS, S/O MUHAMMED HAJI, THACHANKODAN HOUSE,
MILLUMPADI, PANDALLOR, MALAPPURAM (REGISTERED OWNER AND
PERMIT HOLDER OF STAGE CARRIAGE KL 08/AP 5400),
PIN - 676521
7 ABDUL RASHEED. U.K
AGED 44 YEARS, S/O ZAINUDHEEN, UMMINIKADAVATH HOUSE,
MATTATHUR P.O, OTHUKKUNGAL KAIPATTA(REGISTERED OWNER
AND PERMIT HOLDER OF STAGE CARRIAGE KL 10/AV 5081),
PIN - 676528
WP(C) No.29340 of 2023
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8 K.KUTTAN
AGED 64 YEARS, S/O VELU, KARUTHODI HOUSE,
22ND MILE, MANJERI P.O, MALAPPURAM- (REGISTERED
OWNER AND PERMIT HOLDER OF STAGE CARRIAGE KL
10/AD1614), PIN - 676121
9 SUNEER.M,
AGED 45 YEARS, S/O BEERAN, MALANGADAN HOUSE,
KARAKKUNNU P.O, MANJERI, MALAPPURAM-
(REGISTERED OWNER AND PERMIT HOLDER OF STAGE
CARRIAGE KL 10/AT 8227), PIN - 676123
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
CIVIL STATION RD, UP HILL, MALAPPURAM,
PIN - 676505
2 MADHUSOODHANAN
S/O VELAYUDHAN NAIR, CHERIYAMPURATH HOUSE,
KLARI P.O, EDARIKKODE, MALAPPURAM, PIN - 676501
BY ADV
SRI.DINESH MENON - R1
SRI.S.GOPINATH - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.29340 of 2023
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DINESH KUMAR SINGH, J.
==================
W.P.(C) No.29340 of 2023
======================
Dated this the 8th day of September, 2023
JUDGMENT
1. The present Writ Petition (Civil) under Article 226 of the
Constitution of India is filed seeking the following reliefs;
(i) To issue a writ of mandamus or any other
appropriate writ, direction or order, restraining
the 1st respondent from issuing the regular permit
granted to the 2nd respondent as per Ext.P1,
without finalization and settlement of timings by
convening the timing conference and by taking
into consideration Exts.P3 to P6 objections
submitted by the petitioners in the interest of
justice.
(ii) To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
1st respondent to consider Exts.P3 to P6
objections submitted by the petitioner before the
issue of regular permit to the 2nd respondent
granted as per Ext.P1 proceedings after
affording opportunity of being heard to the
petitioners also in the interest of justice.
(iii) To dispense with the filing of translation of
vernacular documents.
(iv) To issue any other appropriate writ,
direction or order which this Hon'ble Court deem
fit in the circumstances of the case.
WP(C) No.29340 of 2023
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2. Heard the learned counsel for the petitioners, the learned
Government Pleader for the 1st respondent and Sri.Dinesh
Menon, the learned counsel for the 2nd respondent.
3. The petitioners are owners of existing Stage Carriages for
which permits were granted to them and timings were allotted
on Kottakkal-Tirur route. The 2nd respondent has also been
granted permit for the stage carriage for the said route.
However, the timing has not been fixed in respect of the stage
carriage of the 2nd respondent. The petitioners have filed
Exts.P3 to P6 objections in respect of proposed timings of the
2nd respondent.
4. The learned Government Pleader submits that before
finalising the timings for operation of the stage carriage of the
2nd respondent, the petitioners' objections shall be taken into
consideration and they shall be given an opportunity of hearing
along with the 2nd respondent in the next timing conference.
WP(C) No.29340 of 2023
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5. Considering the said stand of the learned Government
Pleader, the present writ petition is disposed of with a direction
to the 1st respondent-Secretary, Regional Transport Authority to
consider the objections of the petitioners and an opportunity of
hearing to the petitioners before fixing the timing in respect of
the stage carriage of the 2nd respondent in the next timing
conference and fix the timing in respect of the stage carriage of
the 2nd respondent in accordance with law. Earlier, the
2nd respondent has approached this Court by filing W.P.(C)
No.28992/2023. This Court vide order dated 25.08.2023,
disposed of the said writ petition with a direction to the
1st respondent to settle the timings in respect of the permit
granted to the 2nd respondent after hearing the 2nd respondent
and the affected parties as expeditiously as possible, preferably
within a period of two months. The 1 st respondent should keep
in mind, the time period fixed for disposal of the request of the
2nd respondent for fixing the timing within a period of two
WP(C) No.29340 of 2023
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months.
With the aforesaid directions the present writ petition is
finally disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
ded
WP(C) No.29340 of 2023
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APPENDIX OF WP(C) 29340/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE
1ST RESPONDENT DATED 08.06.2023
EXHIBIT P2 TRUE COPY OF THE NOTICE OF TIMING
CONFERENCE DATED 07.08.2023
EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONERS 1 TO3 DATED 24.08.2023
EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONERS 4 TO 7 DATED 24.08.2023
EXHIBIT P5 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE 8 TH PETITIONER DATED 01.09.2023
EXHIBIT P6 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE 9 TH PETITIONER DATED 01.09.2023
