Joseph M.P vs The Regional Transport Authority
2024 Latest Caselaw 26365 Ker

Kerala High Court

Joseph M.P vs The Regional Transport Authority on 3 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                  2024:KER:66784

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

  TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                   WP(C) NO. 30367 OF 2024

PETITIONER :-

          JOSEPH M.P., AGED 53 YEARS
          S/O.PHILLIP, MADKKAYIL HOUSE, VAZHAVATTA POST,
          MUITIL SOUTH VAZHAVATTA P.O, VYTHRITALUK,
          WAYAND, KERALA, PIN - 673122


          BY ADV M.R.SASITH


RESPONDENTS :-

    1     THE REGIONAL TRANSPORT AUTHORITY,
          REPRESENTED BY ITS SECRETARY WAYANAD,
          KERALA, PIN - 673122

    2     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          KERALA, PIN - 673122

    3     THE REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, KALPETTA, WAYANAD, PIN - 673121

    4     THE ASSISTANT EXECUTIVE ENGINEER,
          OFFICE OF ASSISTANT EXECUTIVE ENGINEER,
          KARAPUZHA IRRIGATION PROJECT, SUB-DIVISION NO. 2,
          VAZHAVATTA, PIN - 673122
 WP(C) NO. 30367 OF 2024

                                  2

                                                         2024:KER:66784


     5       THE EXECUTIVE ENGINEER,
             OFFICE OF EXECUTIVE ENGINEER, PUBLIC WORKS
             DEPARTMENT, KALPETTA NORTH, WAYANAD, PIN - 673122

     6       GEETHESH C.P.,
             S/O.UNKNOWN TO THE PETITIONER,
             CHOOLAYAMPARA, KUTTIKAITHA, AMBALAWAYAL,
             WAYANAD, PIN - 673593



             SRI. S. GOPINATHAN-SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30367 OF 2024

                                     3

                                                          2024:KER:66784

                              JUDGMENT

1. The present writ petition has been filed by the

petitioner for the following reliefs;

(i). Issue a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari quashing Ext- P1 permit issued by the 1st respondent, as grossly illegal and wrong.

(ii) issue a writ of mandamus or any other appropriate writ or order writing the 1st respondent to reconsider Exhibit-P1 permit.

(iii). Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The petitioner has statutory remedy of filing an appeal against

the permit granted to the 6th respondent before the Transport

Appellate Tribunal. Instead of taking recourse to the said remedy,

the petitioner has approached this Court invoking the public law

remedy under Article 226 of the Constitution of India. This Court

finds absolutely no ground to entertain this writ petition, and WP(C) NO. 30367 OF 2024

2024:KER:66784

therefore, the same is dismissed, leaving it open to the petitioner

to take recourse to any other remedy as may be available to him

under the law.

Sd/-

DINESH KUMAR SINGH JUDGE SMA WP(C) NO. 30367 OF 2024

2024:KER:66784

APPENDIX OF WP(C) 30367/2024

PETITIONER EXHIBITS :-

Exhibit-P1 THE TRUE COPY OF THE PERMIT ISSUED TO THE 6THRESPONDENT BY THE VIRTUE OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 17.01.2024.

Exhibit-P2 THE TRUE COPY OF THE FITNESS REPORT ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 21.12.2021.

Exhibit-P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DATED 27.12.2023 ALONG WITH THE TRANSLATED COPY.

Exhibit-P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5THRESPONDENT TO THE 3RD RESPONDENT DATED 05.01.2024 ALONG WITH THE TRANSLATED COPY.

Exhibit-P5 THE TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 18.01.2024 ALONG WITH THE TRANSLATION.

Exhibit-P6 THE TRUE COPY OF THE TIMING CONFERENCE NOTICE PUBLISHED IN THE NOTICE BOARD OF THE 3RD RESPONDENT OFFICE ALONG WITH THE TYPED COPY.