Femi Francis vs The Secretary, Regional Transport ...
2024 Latest Caselaw 27092 Ker

Kerala High Court

Femi Francis vs The Secretary, Regional Transport ... on 6 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                             2024:KER:67995

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

        FRIDAY, THE 6TH DAY OF SEPTEMBER 2024/15TH BHADRA, 1946

                          WP(C) NO. 17310 OF 2024

PETITIONER:

            FEMI FRANCIS,
            AGED 37 YEARS, W/O ANTONY SAIMON,
            ANTHIKKATTU HOUSE, PUTHURUTHY, MUNDATHIKODE P.O,
            THRISSUR, PIN - 680601

            BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1       THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, THRISSUR
            CIVIL STATION, AYYANTHOLE PO,
            THRISSUR, PIN - 680003

    2       KRISHNAN KUTTY P.S
            5/320, P.K.S NILAYAM PARAMELPADI,
            KONDAZHY P.O, KONDAZHY VILLAGE,
            THRISSUR, PIN - 679106

            BY ADVS.
            SAIJO HASSAN
            V.P.REJITHA(K/899/2001)
            DHEERAJ BABY(K/002187/2023)
            NITIN S.(K/374/2024)
            MEERA J. MENON(K/000860/2024)
            SRI. BINOY DAVIS-GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No. 17310 of 2024
                                      2
                                                               2024:KER:67995



                                JUDGMENT

The present writ petition has been filed for a

direction to the 1st respondent to consider Ext.P2

complaint filed by the petitioner in respect of the stage

carriage operation of the 2nd respondent, KL 48/B 4562

on the route Kuthampully-Thiruvilwamala-Thrissur-

Marottichal.

2. According to the petitioner, the 2nd

respondent is not adhering to the time schedule of the

stage carriage operation, for which he has filed a

complaint.

3. This Court on 10.05.2024 as an interim

measure, directed the 1st respondent to consider Ext.P2

complaint after hearing the petitioner and the 2 nd

respondent, within a period of six weeks.

4. The learned Government Pleader

submits that in compliance of the said interim order,

notice has been issued to the petitioner as well as the 2 nd

2024:KER:67995

respondent. However, no one put in appearance before

the Regional Transport Authority for taking decision on

the complaint.

5. Be that as it may, if the petitioner and

the respondents are not appearing, the respondent

should take an appropriate decision on the complaint in

accordance with law, but the complaint should not be

kept pending. A fresh notice may be issued to the

petitioner and the 2nd respondent in respect of the

complaint Ext.P2 and the same should be disposed of

expeditiously, within a period of one month.

The present writ petition is disposed of,

accordingly.

Sd/-

DINESH KUMAR SINGH JUDGE ARK

2024:KER:67995

APPENDIX OF WP(C) 17310/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TIMINGS IN RESPECT OF THE PETITIONER'S STAGE CARRIAGE VALID TILL 08.06.2024

EXHIBIT P2 TRUE COPY OF THE COMPLAINT FILED ON BEHALF OF THE PETITIONER THROUGH HER HUSBAND DATED 01.08.2023