Baiju vs The Regional Transport ...
2023 Latest Caselaw 9926 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                               &
             THE HONOURABLE MR.JUSTICE V.G.ARUN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     WA NO. 1264 OF 2023
  AGAINST THE JUDGMENT IN WP(C) 15149/2023 OF HIGH COURT OF
                            KERALA
APPELLANTS/5th, 6th, and 7th RESPONDENTS IN THE WP(C):


    1     BAIJU,
          ARAKKAL HOUSE, VADAKKEKARA.P.O.,
          NORTH PARUR,, PIN - 683 522.

    2     RAHIM.M.A.,
          MAVELIPPARAMBU HOUSE, PANAYIKKULAM,
          ERNAKULAM, PIN - 683 522.

    3     SHIYAS,
          S/O.ABDULLA, MULLAKKARA HOUSE,
          NEENDOOR,VADAKKEKARA, PIN - 683 522.

          BY ADV M.JITHESH MENON


RESPONDENTS/1ST TO 4TH RESPONDENTS AND PETITIONER IN WP(C):


    1     THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,
          REPRESENTED BY ITS SECRETARY, 2ND FLOOR,
          CIVIL STATION, KAKKANAD, VAZHAKKALA, KOCHI,
          KERALA, PIN-682 030.

    2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          ERNAKULAM, 2NDFLOOR, CIVIL STATION, KAKKANAD,
          VAZHAKKALA, KOCHI, KERALA, PIN-682 030.

    3     SMT.DR.RENU RAJ, IAS,
          DISTRICT COLLECTOR & CHAIRMAN, REGIONAL
          TRANSPORT AUTHORITY, ERNAKULAM, PIN - 682 030.
 W.A.No.1264 & 1352 of 2023
                                  2

     4      SRI.SHAJI MADHAVAN,
            DEPUTY TRANSPORT COMMISSIONER (LAW),
            CENTRAL ZONE II, ERNAKULAM & MEMBER, RTA,
            ERNAKULAM, PIN-682 030.

     5      ANVAR,
            AGED 44, S/O.HYDROSEKUTTY, MUKRIYATHU,
            PULLUT, KODUNGALLOOR, THRISSUR, PIN-680 663.

            BY ADVS.
            SR.GP.T.K.VIPINDAS
            SRI.K.V.GOPINATHAN NAIR



     THIS   WRIT   APPEAL    HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, ALONG WITH WA.1352/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.A.No.1264 & 1352 of 2023
                                 3

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                &
             THE HONOURABLE MR.JUSTICE V.G.ARUN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                        WA NO. 1352 OF 2023
  AGAINST THE JUDGMENT IN WP(C) 15149/2023 OF HIGH COURT OF
                              KERALA
APPELLANT/3RD PARTY:


           SAJITH SAKSAN, S/O.T.P.ANTONY,
           AGED 44 YEARS, THOUNDAYIL HOUSE, MARADU,
           NETTOOR P.O., ERNAKULAM., PIN - 682 040.

           BY ADV I.DINESH MENON


RESPONDENTS/RESPONDENTS AND PETITIONER IN WP(C):

     1     THE REGIONAL TRANSPORT AUTHORITY,
           REPRESENTED BY ITS SECRETARY, 2ND FLOOR,
           CIVIL STATION, KAKKANAD, VAZHAKKALA,
           KOCHI, KERALA, PIN - 682 030.

     2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
           ERNAKULAM, 2ND FLOOR, CIVIL STATION, KAKKANAD,
           VAZHAKKALA, KOCHI, KERALA, PIN-682 030.

     3     SMT. DR. RENU RAJ IAS.,
           DISTRICT COLLECTOR AND CHAIRPERSON, REGIONAL
           TRANSPORT AUTHORITY, ERNAKULAM, PIN- 682 030.

     4     SRI.SHAJI MADHAVAN, DEPUTY TRANSPORT COMMISSIONER
           [LAW], CENTRAL ZONE II, ERNAKULAM AND MEMBER, RTA,
           ERNAKULAM, PIN-682 030.

     5     BAIJU, ARAKKAL HOUSE, VADAKKEKKARA .P.O.,
           NORTH PARAVOOR, PIN-683 522.
 W.A.No.1264 & 1352 of 2023
                                  4

     6       RAHIM M.A, MAVELIPPARAMBU HOUSE,
             PANAYIKULAM, ERNAKULAM, PIN-683 522.

     7       SHIYAS, S/O ABDULLA, MULLAKARA HOUSE,
             NEENDOOR VADAKKEKKARA, PIN-683 511.

     8       ANVAR,
             AGED 44 YEARS, S/O HYDROSE KUTTY, MUKRIYATHU,
             PULLUT, KODUNGALLUR, THRISSUR, PIN-680 633.

             BY ADVS.
             SR.GP.T.K.VIPINDAS
             SRI.K.V.GOPINATHAN NAIR
             M.JITHESH MENON(B/O)



      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, ALONG WITH WA.1264/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.A.No.1264 & 1352 of 2023
                                5


                             JUDGMENT

Dated this the 18th day of September 2023

V.G. Arun, J.

The appellants in W.A.No.1264 of 2023 are respondents 5 to

7 in the writ petition. The writ petition was filed by the fifth

respondent herein, challenging Exhibit P8 order of the Regional

Transport Authority rejecting his application for grant of regular

permit, for operating on the route North Paravur-Vyttila Hub. The

learned Single Judge allowed the writ petition and directed the

Regional Transport Authority to issue regular permit to the writ

petitioner as per the timings prayed for in his application. The

Regional Transport Authority was also given the liberty to

convene a timing conference and re-schedule the timings within

one month, in the event of there being a clash of timings between

the permits granted to the writ petitioner and the appellants. The

permits granted to the appellants were to become operational

only on the direction being complied with and completed.

2. Advocate M. Jithesh Menon appearing for the

appellants contended that the reliefs granted under the W.A.No.1264 & 1352 of 2023

impugned judgment are way beyond the prayers sought in the

writ petition. In spite of there being no challenge against the

grant of regular permits to the appellants, the direction in the

impugned judgment prevents the appellants from operating their

stage carriages till the fifth respondent is issued with regular

permit that too, with the timings he had applied for.

3. Advocate I. Dinesh Menon appearing for the appellant in

W.A.No.1352 of 2023, submitted that his client had challenged

the grant of regular permit to the writ petitioner, and the

impugned judgment rendered without noting this aspect

resulting in the writ petition filed by his client to become

infructuous. Apparently, the above submission is not correct,

since the challenge in W.P.(C)No.13045 of 2023 was against the

grant of regular permit to the appellants in W.A.No.1264 of 2023.

4. Advocate. K.V. Gopinathan Nair appearing for the writ

petitioner submitted that the learned Single Judge had directed

the Regional Transport Authority to issue regular permit to the

petitioner, on being convinced about the discriminatory approach

of the Authority. This was evident from the fact that, while similar W.A.No.1264 & 1352 of 2023

applications submitted by the appellants in W.A.No.1264 of 2023

were allowed, the application for regular permit submitted by the

writ petitioner alone was rejected. The learned Single Judge took

note of the fact that the petitioner had approached this Court

earlier, aggrieved by the delay in considering his application. The

time-bound direction issued by this Court was not complied with

and contempt of court proceedings was initiated at the instance

of the writ petitioner. Faced with such a situation, the RTA agreed

to consider the application and the contempt of court case was

closed. Thereafter, the writ petitioner's application was rejected,

citing untenable reasons.

5. Having heard the learned counsel appearing for the

parties and having gone through the available materials, we find

no reason to interfere with the impugned judgment since Exhibit

P8 order suffers from the vice of arbitrariness and discrimination,

as rightly found by the learned Single Judge. In our opinion, the

authority had no justification for rejecting the writ petitioner's

application for regular permit, while applications submitted by

rival operators were allowed.

W.A.No.1264 & 1352 of 2023

6. The contention that reliefs in excess of the prayers in the

writ petition are granted cannot also be countenanced. The

learned Single Judge has granted liberty to the Regional

Transport Authority to convene a timing conference and re-

schedule the timings, in case of there being any clash of timings.

The entire process, having been directed to be completed within

one month, the contention that the directions, in effect, curtails

the right of the appellants to operate their stage carriages based

on the regular permits issued, is without substance. In this

context, we also take note of Annexure R5(a) order dated

05.07.2023 issued by the Regional Transport Authority granting

regular permit for the writ petitioner's stage carriage and

Annexure R5(b), by which a timing conference was convened, but

deferred in view of this Court's interim order.

7. The grievance of the appellant in W.A.No.1352 of 2023

can be redressed by permitting him to participate in the timing

conference to be convened.

8. For the above-mentioned reasons, the writ appeals are

dismissed, leaving it open for the Regional Transport Authority to W.A.No.1264 & 1352 of 2023

complete the proceedings initiated as per Annexure R5(b) at the

earliest. All contentions with respect to the fixing of timings are

left open to be agitated before the Regional Transport Authority.

Pending interlocutory applications, if any, shall stand closed.

Sd/-

A.J. Desai Chief Justice

Sd/-

V.G. Arun Judge Vpv

//true copy//

P.A. to Judge W.A.No.1264 & 1352 of 2023

APPENDIX OF WA 1352/2023

PETITIONER ANNEXURES

ANNEXURE A1 THE TRUE COPY OF DECISION OF THE RTA TAKEN ON 26.04.2022.

ANNEXURE A2 THE TRUE COPY OF DECISION OF THE RTA TAKEN ON 26.09.2022 IN ITEM NO. 2.

ANNEXURE A3 THE TRUE COPY OF DECISION OF THE RTA TAKEN ON 26.09.2022 IN ITEM NO.6.

ANNEXURE A4 THE TRUE COPY OF DECISION OF THE RTA TAKEN ON 23.01.2023.

W.A.No.1264 & 1352 of 2023

APPENDIX OF WA 1264/2023

RESPONDENT ANNEXURES

ANNEXURE R5(A) TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 03.07.2023.

ANNEXURE R5(B) TRUE COPY OF THE NOTICE REGARDING THE TIMING CONFERENCE SCHEDULED TO 10.07.2023.