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Alavi P.M vs The Secretary, Regional Transport ...
2024 Latest Caselaw 12024 Ker

Citation : 2024 Latest Caselaw 12024 Ker
Judgement Date : 10 May, 2024

Kerala High Court

Alavi P.M vs The Secretary, Regional Transport ... on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 10TH DAY OF MAY 2024 / 20TH VAISAKHA, 1946
                     WP(C) NO. 17089 OF 2024
PETITIONERS:

    1       ALAVI P.M.
            AGED 70 YEARS, S/O. MOHAMMED UNNI,
            PUTHUSSERI MADATHIL HOUSE, NARUKARA P.O.,
            THURAKKAL, MANJERI, MALAPPURAM DISTRICT.
            (REGISTERED OWNER OF STAGE CARRIAGE
            KL-10-AF-4522)., PIN - 676 122.

    2       ABDULLAKUTTY P.M.
            AGED 56 YEARS, S/O. MOHAMMED UNNI,
            PUTHUSSERI MADATHIL HOUSE, NARUKARA P.O.,
            THURAKKAL, MANJERI, MALAPPURAM DISTRICT.
            (REGISTERED OWNER OF STAGE CARRIAGE
            KL-13-R-8559)., PIN - 676 122.

            BY ADVS.
                 SAJU J.VALLYARA
                 MARIA ANGEL


RESPONDENT:

            THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
            MALAPPURAM, CIVIL STATION, MALAPPURAM P.O.,
            MALAPPURAM DISTRICT, PIN - 676 505.

            BY ADV
                 SREEJITH V S, GOVERNMENT PLEADER


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   10.05.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 17089 OF 2024

                              : 2 :



                          JUDGMENT

This writ petition is filed seeking the following

relief:-

"i). Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Exhibit P-3 request submitted by the petitioner for revision of timing by interchange in respect of stage carriages KL-10-AF-4522 and KL-13-R-8559 operating on the routes Kizhissery -

Manjeri and Manjeri - Kondotty respectively within a reasonable time limit to be fixed by this Honourable Court;"

2. The petitioners state that they are the registered

owners of stage carriages bearing Registration Nos. KL-

10-AF-4522 and KL-13-R-8559, covered by regular

permits. Seeking to revise their timings on the premise

that it will be beneficial to the travelling public, they

have submitted Ext.P3 request before the respondent.

The prayer of the petitioners is for an expeditious

consideration of the same.

WP(C) NO. 17089 OF 2024

3. The learned Government Pleader submits that

the request made by the petitioners can be considered

on a priority basis, and a decision can be taken within 3

months.

In the facts and circumstances of the case and the

submissions made across the Bar, I am of the view that

this writ petition can be disposed of with the following

directions:

a) The respondent shall take up, consider and

pass appropriate orders on Ext P3 after

affording an opportunity of being heard, to

the petitioners herein and other affected

parties, if any.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of

three months from the date of production of a

copy of this judgment.

WP(C) NO. 17089 OF 2024

c) It would be open to the petitioners to

produce a copy of the writ petition along with

the judgment before the concerned

respondent for further action.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE S.M.K. WP(C) NO. 17089 OF 2024

APPENDIX

PETITIONERS' EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. P.ST.10/614/1999 IN RESPECT OF THE 1ST PETITIONER'S VEHICLE - KL-10-AF- 4522 ISSUED BY THE RESPONDENT DATED 24.05.2019.

Exhibit P2 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. KL1010/666/1996 IN RESPECT OF THE 2ND PETITIONER'S VEHICLE - KL-13-R- 8559 ISSUED BY THE RESPONDENT DATED 18.10.2021.

Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED 22.04.2024 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT.

Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 14923/2023 DATED 02.05.2023 OF THE HON'BLE HIGH COURT OF KERALA.

 
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