Mohandas.C vs Secretary
2024 Latest Caselaw 31170 Ker

Kerala High Court

Mohandas.C vs Secretary on 1 November, 2024

                                 1

WP(C) NO. 38260 OF 2024
                                                  2024:KER:81372
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

 FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                      WP(C) NO. 38260 OF 2024




PETITIONER

             MOHANDAS.C,
             AGED 60 YEARS
             S/O.KUTTAYI,THAYYIL HOUSE , P.O.PULIKKAL,
             MALAPPURAM, PIN - 673637


             BY ADVS.
             RANJITH C.
             V.GANGADHARAN
             BINJO ANDREWS
             KIRAN JOHNY
             SHINY GEORGE MEKKATTUKULAM
             SEBI S. RAJ




RESPONDENTS




    1        SECRETARY,
             REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REGIONAL
             TRANSPORT OFFICE, CIVIL STATION RD, UP HILL,
             MALAPPURAM, PIN - 676505



    2        MUHAMMED FAYIS N.K,
             AGED 44 YEARS
             S/O BEERANKUTTY HAJI, M.K.B HOUSE,CHELOOPADAM,
             MALAPPURAM, PIN - 673634
                                       2

WP(C) NO. 38260 OF 2024
                                                             2024:KER:81372
OTHER PRESENT:

             SRI.SREEJITH V.S., GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.11.2024,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                        3

WP(C) NO. 38260 OF 2024
                                                          2024:KER:81372




                             JUDGMENT

=============

This writ petition has been filed by the petitioner seeking

the following reliefs:

"a) To issue a Writ of Mandamus or any other appropriate Writ or order or direction commanding the 1 st respondent to consider Ext.P5 objection submitted by the petitioner against the proposed time schedule submitted by the 2 nd respondent while considering the time revision request, as directed by this Hon'ble Court in Ext.P3 judgment, pending disposal of the above writ petition.

b) To pass such other appropriate orders or directions as this Hon'ble Court deem fit and proper in the interest of justice.

c) Dispense with filing of the translation of vernacular documents."

2. Heard Sri.Ranjith C.,the learned counsel appearing for

the petitioner as well as Sri.V.S.Sreejith, the learned Government

Pleader .

3. The learned Government Pleader submits that vide

Ext.P3 judgment in W.P(C)No.13438 of 2023, there is already a

WP(C) NO. 38260 OF 2024 2024:KER:81372 direction that the petitioner in the said writ petition as well as any

other affected parties must be heard while disposing Ext.P3

produced in the said Writ Petition. Hence, invariably, the

petitioner would also be heard at the said meeting, since the

subject matter in this W.P(C) is integrally connected.

4. In view of the same, the petitioner need not be

apprehensive that he would not be afforded an opportunity of

being heard.

5. The Writ Petition is disposed off directing that, while

considering Ext.P3 in W.P(C)No.13438 of 2023 filed by the 2 nd

respondent, the petitioner in this writ petition shall also be

afforded an opportunity of being heard.

The writ petition is disposed as above.

Sd/-

SYAM KUMAR V.M. JUDGE

smm

WP(C) NO. 38260 OF 2024 2024:KER:81372 APPENDIX OF WP(C) 38260/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-10-AH-5714 VALID TILL 31.01.2026 DATED 05/09/2022

Exhibit P2 A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL-10-AM-5061 VALID TILL 15.02.2026 DATED 28/11/2022

Exhibit P3 A. TRUE COPY OF THE JUDGEMENT OF THIS HONBLE COURT IN WP(C) NO.13438 OF 2023 DATED 12/04/2023

Exhibit P4 A. TRUE COPY OF THE PROPOSED TIME SCHEDULE SUBMITTED BY THE 2ND RESPONDENT BEFORE 1ST RESPONDENT DATED NIL

Exhibit P5 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT ENDORSED WITH SEAL DATED 23/10/2024