Kerala High Court
M. M. Ashraf vs The Secretary, Regional Transport ... on 27 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 21993 OF 2024
PETITIONER:
M. M. ASHRAF
AGED 53 YEARS
S/O. ALIKUTTY, PAYYAPPULLY HOUSE, THOTTILANGADI
P.O., VIA. AREACODE, MALAPPURAM, PIN - 676639.
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE
CIVIL STATION, KOZHIKODE P.O., KOZHIKODE
DISTRICT, PIN - 673020.
BY
S.GOPINATHAN - SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21993 OF 2024
:2:
JUDGMENT
Dated this the 27th day of June, 2024
The petitioner was the holder of a regular permit in
respect of stage carriage-KL-10-BD-7107 to operate on the route
Areekode - Kozhikode - Palayam Bus Stand. During Covid-19
pandemic, the petitioner could not renew the regular permit and
surrendered the same.
2. An application for regular permit was submitted in the
said vacancy and the R.T.A., Kozhikode in its meeting held on
11.04.2023 has granted the same subject to obtaining
concurrence from sister R.T.A. and settlement of timings.
Pursuant to that, the R.T.A., Malappuram has granted the
concurrence. Again the matter was considered by the R.T.A.,
Kozhikode in its meeting held on 27.02.2024 and its decision was
waiting.
3. While so, an application for 4 months temporary
permit was submitted in the surrendered vacant timings and the
respondent rejected the same by Exhibit P1. After that, the
decision on the application for regular permit has been taken by
WP(C) NO.21993 OF 2024
Exhibit P2. Against Exhibit P1, an appeal has been preferred
before the State Transport Appellate Tribunal as M.V.A.A.No.
123/2024 and as per Exhibit P3 order, the Tribunal has directed
the respondent to issue temporary permit for 40 days in the
surrendered vacant timings. Even though the petitioner has
produced Exhibit P3 order along with Exhibit P4 request, the
respondent has not so far implemented the same.
4. The failure on the part of the respondent to comply
with Ext.P3 order of the Tribunal is illegal and wholly unjustified. It
is the statutory duty of the respondent to give effect the orders of
the Tribunal. The act of the respondent in refusing to comply with
the order of the Tribunal is clearly against the judicial discipline.
The respondent, who is the Executive Officer, is duty bound to
obey the orders and not expected to act as Appellate Authority
over Ext. P3. There is total failure on the part of the respondent in
performing his statutory duty, contends the Counsel for the
petitioner.
5. Government Pleader submits that Ext.P3 order of the
State Transport Appellate Tribunal, Ernakulam, is not in
accordance with law and the respondent has taken expeditious
WP(C) NO.21993 OF 2024
steps to file review in the State Transport Appellate Tribunal,
Ernakulam.
6. Heard.
7. It is not disputed that the petitioner has applied for
Temporary Permit and in M.P.No.1137 of 2024 in MVAA No.123
of 2024, the Tribunal has directed the respondent to issue
Temporary Permit to the petitioner to operate on the route
Areekode - Kozhikode - Palayam Bus Stand for a period of 40
days. As long as Ext.P3 is not reviewed or superseded by any
other order of the Court, the mere intention of the respondent to
file a review cannot be a reason not to comply with the direction
of the State Transport Appellate Tribunal, Ernakulam.
In the circumstances of the case, the writ petition is
disposed of directing the respondent to issue Temporary Permit
to the petitioner as applied for within a period of two weeks. This
will be without prejudice to the right of the respondent to prefer
any review against Ext.P3 order.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO.21993 OF 2024
APPENDIX OF WP(C) 21993/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE PROCEEDINGS VIDE
ORDER NO. 11C/300/2023-KL11 DATED
16.04.2024 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE PHOTOCOPY OF THE PROCEEDINGS OF
THE REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE HELD ON 27.02.2024 VIDE ITEM
NO. 39.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN M.P.
NO. 1137/2024 IN M.V.A.A. NO. 123/2024
DATED 18.05.2024 PASSED BY THE STATE
TRANSPORT APPELLATE TRIBUNAL.
EXHIBIT P4 TRUE PHOTOCOPY OF THE REQUEST DATED
30.05.2024 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT ALONG WITH
EXHIBIT P-2 ORDER.
