Citation : 2024 Latest Caselaw 28407 Ker
Judgement Date : 25 September, 2024
2024:KER:71498
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 33500 OF 2024
PETITIONER:
ABDUL MUNEER P.T
AGED 45 YEARS
S/O MUHAMMED, PILATHOTTATHIL HOUSE,
NELLIKKAPPARAMBA, KAKKAD, KOZHIKODE, PIN - 673602
BY ADVS.
RILGIN V.GEORGE
K.T.RAVEENDRAN
AKSHARA K.P.
ANGEL MARY GEORGE
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, OFFICE OF
THE REGIONAL TRANSPORT OFFICER, CIVIL STATION,
KOZHIKODE, PIN - 673020
SRI. SREEJITH V.S.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:71498
WP(C) NO. 33500 OF 2024
2
JUDGMENT
The present writ petition has been filed with the
following reliefs:-
"i. Issue a writ in the nature of mandamus or such other writ, order or direction directing the respondent to forthwith convene a timing conference, settle the timings and issue the sanctioned fresh regular permit in compliance with Exhibit P1 proceedings of the Regional Transport Authority, KOZHIKODE.
ii. Alternatively, issue a writ in the nature of mandamus or such other writ, order or direction directing the respondent to forthwith issue the fresh regular permit sanctioned by Exhibit P1 proceedings of the Regional Transport Authority, KOZHIKODE provisionally with the time schedule proposed by the petitioner reserving the right of the respondent to settle the timings in a properly constituted timing conference after the issue of the permit. iii. Issue such other writ order or direction as this Honorable Court may deem fit and apposite in the facts and circumstances of the case."
2.The petitioner had been granted regular permit on
11.04.2023 on the route Odakkayam- Kozhikode. However, in
absence of timings fixed by the respondent authority for
stage carriage operation of the vehicle, the petitioner has not
been able to use the regular permit granted to him.
3.Considering the aforesaid facts and circumstances,
the present writ petition is disposed of, with directions to the
respondent to take a final decision on fixing the timing for
operation of the petitioner's stage carriage on the route
Odakkayam- Kozhikode for which the regular permit was 2024:KER:71498 WP(C) NO. 33500 OF 2024
granted way back on 11.04.2023, within a period of one
month from today, in accordance with law.
Sd/-
DINESH KUMAR SINGH JUDGE SJ 2024:KER:71498 WP(C) NO. 33500 OF 2024
APPENDIX OF WP(C) 33500/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE RTA, KOZHIKODE DATED 11.04.2023
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 27.08.2024 ALONGWITH ENGLISH TRANSLATION
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