Benny Joseph vs The Secretary, Regional Transport ...
2024 Latest Caselaw 29984 Ker

Kerala High Court

Benny Joseph vs The Secretary, Regional Transport ... on 22 October, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 36907 OF 2024




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                               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                PRESENT

                                 THE HONOURABLE MR. JUSTICE D. K. SINGH

                      TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                                         WP(C) NO. 36907 OF 2024


        PETITIONER/S:

                          BENNY JOSEPH, AGED 56 YEARS, S/O VARGHESE IYPE, NEDUMKALIL HOUSE
                          KALOORKAD PO, MUVATTUPUZHA, PIN - 686668


                          BY ADV STALIN PETER DAVIS


        RESPONDENT/S:

           1              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
                          IDUKKI. PAINAV P O, IDUKKI, PIN - 685603

           2              JOSEPH M T
                          MUNDATTHIL HOUSE MADAKATHANAM PO MUVATTUPUZHA, PIN - 686670



        OTHER PRESENT:

                          SRI.S. GOPINATHAN-SR.GP


                THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2024, THE
        COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 36907 OF 2024




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                                             JUDGMENT

The present writ petition has been filed seeking the

following reliefs:

"(i). to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider Exhibit.

P3 objection submitted by the petitioner on the route Maniyanthram-Thodupuzha-Amayapra via Kaloorkadu by stage carriage KL-02/AE 333, in the timing conference scheduled to 29/10/24 of the 2nd respondents service, after affording opportunity of being heard to the petitioner also, in the interest of justice;

(ii) issue such other writs, orders or direction which this Hon'ble Court may deem fit and proper to issue in the facts and circumstances of the case."

2. The petitioner filed an objection to the proposed

revision of timings for the stage carriage operation of the 2nd

respondent. The timing conference is fixed for 29.10.2024.

3. Considering the prayer made in the writ petition, the

present writ petition is disposed of with a direction to the WP(C) NO. 36907 OF 2024

2024:KER:78470

respondent to consider Ext.P3 objection of the petitioner before

revising the timing for the stage carriage of the 2nd respondent

bearing registration No.KL-02-AE-333. The authority should also

consider any other objection which may be filed or taken for the

proposed revision of timings of the stage carriage operation on

the route Maniyanthram - Thodupuzha - Amayapra via

Kaloorkadu.

The writ petition stands disposed of.

Sd/-

D. K. SINGH JUDGE jjj WP(C) NO. 36907 OF 2024

2024:KER:78470

APPENDIX OF WP(C) 36907/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY THE STAGE CARRIAGE PERMIT OF THE PETITIONER DATED 12/4/2021

Exhibit P2 A TRUE COPY OF THE NOTICE OF THE TIMINGS CONFERENCE DATED 10/10/24

Exhibit P3 A TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER DATED 12/9/24

Exhibit P4 A TRUE COPY OF THE SIMILAR JUDGMENT WPC 32244/24 DATED 11/8/24