Vinod D vs The Regional Transport Authority
2024 Latest Caselaw 28112 Ker

Kerala High Court

Vinod D vs The Regional Transport Authority on 24 September, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                           2024:KER:71058


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                          WP(C) NO. 33277 OF 2024

PETITIONER/S:

             VINOD D.,
             AGED 52 YEARS
             S/O DIVAKARAN K., SIVASAKTHI, MANKAMKUZHY P.O.,
             MAVELIKKARA., PIN - 690558

             BY ADV SAJEEV KUMAR K.GOPAL


RESPONDENT/S:

      1      THE REGIONAL TRANSPORT AUTHORITY,
             CIVIL STATION, ALAPPUZHA, REPRESENTED BY ITS
             SECRETARY., PIN - 688001
      2      THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
             ALAPPUZHA., PIN - 688001
      3      RADHAKRISHNAN R,
             S/O. RAGHAVA KURUP, DEEPAM, VETTIYAR. P.O.
             MAVELIKARA, ALAPPUZHA., PIN - 690558


             SRI.S. GOPINATHAN -SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    24.09.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                   2024:KER:71058

WP(C) NO. 33277 OF 2024

                                2
                          JUDGMENT

The present writ petition has been filed for writ of

mandamus / direction in the nature of mandamus commanding

the 2nd respondent to consider Ext.P3 objections submitted by

the petitioner against the revision of timing of the stage

carriage operation of the 3rd respondent, vehicle No. KL-29A-

5544 on the route Panthalam- Mavelikkara.

2.The petitioner claims to be the owner of the stage

carriage bearing registration number KL-62B-0599 and it is

operating on the route Cheruthala -V Kottayam Via Harippad-

Mavelikkara-Panthalam JunctionPathanamthitta-Poonkavu, on

the strength of the regular permit granted to the petitioner.

3.In paragraph 4 of the writ petition, it is stated that

the petitioner after having filed the objection in Ext.P3 met the

2nd respondent, who informed the petitioner that his objections

would not considered.

4.Adv. S. Gopinathan, the learned Senior Government

Pleader, however, submits that the timing conference has been

scheduled in compliance of the judgment dated 27.07.2024 2024:KER:71058

WP(C) NO. 33277 OF 2024

passed by this court in W.P(C) No. 26744 of 2024, with the

direction to the RTA to consider the application of the 3 rd

respondent for revision of timing, in accordance with law, after

affording an opportunity of hearing to the petitioner and other

interested operators. The petitioner in the present writ petition

would obviously be an interested operator, who shall be heard

and his objection, if any, shall be considered in the timing

conference to be held for revision of timing of the stage

carriage operation of the 3rd respondent.

Considering the aforesaid stand of the learned Senior

Government Pleader, I am of the considered view that the

present writ petition is to be disposed of in terms of the stand

taken by the learned Government Pleader.

Sd/-

DINESH KUMAR SINGH JUDGE SJ 2024:KER:71058

WP(C) NO. 33277 OF 2024

APPENDIX OF WP(C) 33277/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.26744/2024 DATED 26- 07-2024

Exhibit P2 TRUE COPY OF THE NOTICE FOR TIMING CONFERENCE PUBLISHED BY THE 2ND RESPONDENT DATED 11-09-2024 WITH ENGLISH TRANSLATION

Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19-09-2024 WITH ENGLISH TRANSLATION