Muhammed Ashrafudheen vs The Regional Transport Authority, ...
2024 Latest Caselaw 18875 Ker

Citation : 2024 Latest Caselaw 18875 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Muhammed Ashrafudheen vs The Regional Transport Authority, ... on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 23292 OF 2024
PETITIONERS:

    1    MUHAMMED ASHRAFUDHEEN,
         AGED 42 YEARS
         S/O ABOOBACKER, VADEKKAYIL HOUSE, G.A. COLLEGE,
         KOZHIKODE, PIN - 673014.

    2    ABDUL MAJEED K.,
         AGED 59 YEARS
         S/O KUNHAVARAN, CHERIYA PARAMBATHA,
         THEKKEPADAM, PANTHEERANKAVU, PERUMANNA,
         KOZHIKODE, PIN - 673019.

         BY ADVS.
         RILGIN V.GEORGE
         K.T.RAVEENDRAN
         AKSHARA K.P.
RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE,
         REPRESENTED BY ITS SECRETARY, OFFICE OF THE
         REGIONAL TRANSPORT OFFICER, CIVIL STATION,
         KOZHIKODE, PIN - 673020.

    2    THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
         KOZHIKODE,OFFICE OF THE REGIONAL TRANSPORT
         OFFICER, CIVIL STATION, KOZHIKODE,
         PIN - 673020.

    3    A.P. GIRISH,
         S/O KORAN, AMBARAPARAMBIL HOUSE,
         KUNNAMANGALAM, KOZHIKODE, PIN - 673571.

         BY
         V.S. SREEJITH - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.23292 OF 2024
                                   :2:


                             JUDGMENT

Dated this the 28h day of June, 2024

The petitioners are existing operators running

their stage carriages in the area Keezhumadu - Mavoor -

Palayam. The grievance of the petitioners is that the 3 rd

respondent has made certain proposal for allocation of time

schedule.

2. The petitioners apprehend that the timings that may

be allotted to the 3rd respondent will clash with the timings of the

petitioners.

3. The petitioners state that they have filed Exts.P4 and

P5 objections in this regard. Unless these objections are

considered while allocating timing to the 3 rd respondent, the

petitioners will be put to irreparable loss and injury.

4. The Government Pleader entered appearance and

resisted the writ petition. The Government Pleader, however,

submitted that if Ext.P6 timing conference is scheduled to be held

on 03.07.2024, the petitioners' Exts.P4 and P5 objections also

can be considered.

WP(C) NO.23292 OF 2024

5. Taking into consideration the fact that the allocation of

timing to the 3rd respondent is likely to affect the Stage Carriages

of the petitioners, I am of the view that the 2 nd respondent can

consider Exts.P4 and P5 objections of the petitioners.

Writ petition is therefore disposed of directing the 2 nd

respondent to consider Exts.P4 and P5 objections of the

petitioners in the timing conference in respect of the 3 rd

respondent's Stage Carriage.

Sd/-

N. NAGARESH JUDGE pvv WP(C) NO.23292 OF 2024

APPENDIX OF WP(C) 23292/2024

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE 1ST PETITIONER ON 20.10.2022 (PERMIT NO:

KL1111/138/2002).


Exhibit P2        A TRUE COPY OF THE REGULAR PERMIT
                  ISSUED    TO   THE    2ND  PETITIONER
                  21.04.2022         (PERMIT        NO:
                  KL/11/SC/2019/16).

Exhibit P3        A TRUE COPY OF THE TIMING     HEARING
                  NOTICE DATED 15.06.2024.

Exhibit P4        A TRUE COPY OF THE REPRESENTATION