Abdu. O M vs The Secretary, Regional Transport ...
2024 Latest Caselaw 10454 Ker

Kerala High Court

Abdu. O M vs The Secretary, Regional Transport ... on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024/22ND CHAITHRA, 1946
                WP(C) NO. 15131 OF 2024
PETITIONER:

         ABDU O.M.,
         AGED 47 YEARS,
         S/O. MUHAMMED, OLAPILLAN HOUSE,
         VARANDARAPILLY, VELUPADAM P.O,
         IRINJALAKKUDA,
         THRISSUR DISTRICT, PIN - 680303

         BY ADVS.
         M.JITHESH MENON
         P.G.MAHESHKUMAR


RESPONDENTS:

    1    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         THRISSUR REGIONAL TRANSPORT OFFICE,
         AYYANTHOLE P.O,
         THRISSUR DISTRICT, PIN - 680003
    2    BAIJU V.P.,
         S/O. PRABHAKARAN,
         VALLACHIRA HOUSE, NOOLUVALLY,
         CHEMBUCHIRA,
         THRISSUR DISTRICT, PIN - 680684

         BY ADV.
         SMT.REKHA C NAIR, SR. GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.15131/2024
                                :2:




                         JUDGMENT

Dated this the 11th day of April, 2024

The petitioner is a stage carriage operator

conducting service on the route Palappilly-Ayyanthole via

Velupadam, Varantharappilly, Amballur, Ollur and Thrissur

on the strength of a Regular Permit issued in respect of

stage carriage No.KL-45M-6095 and valid till 09.10.2027.

2. The 1st respondent issued Ext.P4 notification

calling for objection to timing proposed to be allotted to the

2nd respondent. The petitioner submitted Ext.P5 objection.

According to the petitioner, similarly situated stage carriage

operators also have submitted objections. The association

of stage carriage operators have also submitted objections.

3. Though the petitioner submitted Ext.P9 reminder

on 13.11.2023, the proceedings initiated as per Ext.P4 has

not been completed.

4. The limited prayer of the petitioner is to direct the

1st respondent to consider the objections submitted by the

petitioner and similarly situated persons and conclude

Ext.P4 proceedings.

5. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondents.

6. Government Pleader representing the 1 st

respondent submitted that the Chief Electoral Officer has

issued a Communication No.EL8/2/2024-ELEC dated

20.03.224 directing that in view of the mode of conduct of

election, the RTA Board meetings and the process of issue

of Permits and convening of the Time Conference should

be deferred till the election process is over.

7. Taking into consideration the entire facts of the

case and also taking into consideration the Circular issued

by the Election Commissioner, I am inclined to dispose of

the writ petition with appropriate directions.

The writ petition is disposed of directing the that

the proceedings pursuant to Ext.P4, if it is yet not concluded

and pending, the 1st respondent shall conclude the

proceedings after adverting to Ext.P5 and similar

objections, within a period of three months with notice to the

petitioner, the 2nd respondent and other affected parties, if

any.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 15131/2024

PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT BEARING PERMIT NO.

KL88/68/1992 OF STAGE CARRIAGE KL-45- M-6095 WITH WHICH THE PETITIONER IS OPERATING ON THE ROUTE IN QUESTION DATED 27-09-2022 Exhibit-P2 TRUE COPY OF THE TIME SHEET ISSUED BY THE 1ST RESPONDENT BEARING ORDER NO. C4/10167/05 DATED 18-3-2005 [ISSUED TO THE PREVIOUS OWNER] Exhibit-P3 TRUE COPY OF THE TIMINGS ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT BEARING ORDER NO. C9/29776/94 DATED 17-02-1995 Exhibit-P4 TRUE COPY OF THE TIMING NOTIFICATION ISSUED BY THE 1ST RESPONDENT BEARING NO. C1/3068/2022/R DATED 13-04-2022 Exhibit-P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE RTO THRISSUR DATED 04-05-2022 ALONG WITH THE TIME SHEET OF THE 2ND RESPONDENT DATED 17-02-1995 Exhibit-P6 TRUE COPY OF THE OBJECTIONS SUBMITTED BY C.C. JOSEPH BEFORE THE RTO THRISSUR DATED 05-05-2022 Exhibit-P7 TRUE COPY THE OBJECTIONS SUBMITTED BY MUNEER.E.M BEFORE THE RTO THRISSUR DATED 05-05-2022 IS Exhibit-P8 TRUE COPY OF THE OBJECTION SUBMITTED BY THE THRISSUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION DATED 02-05-

Exhibit-P9 TRUE COPY OF THE REMINDER REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RTO THRISSUR DATED 13-11-2023.