Kerala High Court
Musthafa M vs The Secretary on 17 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 36453 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 36453 OF 2024
PETITIONER/S:
MUSTHAFA M
AGED 57 YEARS
, S/O. ABDULLA P.K., NASEEMA MAHAL, POYANAD,
MAMBARAM PO, PINARAYI.S.O PINARAYI, KANUAR,, PIN
- 670741
BY ADVS.
O.D.SIVADAS
DEVIKA R.
RESPONDENT/S:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
KANNUR,, PIN - 670001
OTHER PRESENT:
SRI. S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 36453 of 2024
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Dated this the 17th day of October, 2024
JUDGMENT
1. The present writ petition has been filed by the petitioner
seeking a writ of mandamus directing the respondent to consider
and pass orders on Exhibit P-2 request of the petitioner for revision
of timing in respect of her stage carriage bearing No. KL 58 S 1333
operating on the route Kannur - Edumba via. Nelechovva - Chala,
Peralassery, Mambaram, Kuthuparamba, Thokilangandy,
Kannavam after hearing the petitioner and other interested
operators.
2. The learned Counsel for the petitioner submits that for the
purpose of avoiding time clash with the other operators and also
for providing traveling facility to the public, slight changes to the
existing timing are necessary and therefore, the petitioner has
submitted Exhibit P-2 request for revision of timings. He further
submits that the respondent is not taking any steps to conduct
WP(C) NO. 36453 OF 2024
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timing conference and any further delay in considering Exhibit P-2
request, the petitioner will be put to difficulties.
3. The learned Government Pleader submits that necessary
decision will be taken on the application of the petitioner in
accordance with the law after affording an opportunity of hearing
to all affected parties.
4. Considering the said stand of the learned Government
Pleader, the present writ petition stands finally disposed of with a
direction to the respondent to consider the petitioner's Exhibit
P-2 request in accordance with the law after affording an
opportunity of hearing to the petitioner and other interested
operators, within a period of two months and pass necessary
orders.
Sd/-
D. K. SINGH
JUDGE
Svn
WP(C) NO. 36453 OF 2024
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APPENDIX OF WP(C) 36453/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMITS
ISSUED IN RESPECT OF STAGE CARRIAGE
NO.58 S 1333
EXHIBIT P2 TRUE COPY OF THE REQUEST DATED
01.10.2024 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT WITH ENGLISH
TRANSLATION
