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Kerala High Court
Brijesh K Thomas vs Regional Transport Authority on 11 December, 2025
2025:KER:95518
W.P.(C) No. 30843 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 11TH DAY OF DECEMBER 2025/20TH AGRAHAYANA, 1947
WP(C) NO. 30843 OF 2025
PETITIONER:
BRIJESH K. THOMAS,
AGED 49 YEARS, KOTTAMKOTTIL (H),
SASIMALA P.O., PADICHIRA,
PULPALLY, WAYANAD, PIN-673579
BY ADVS.
SHRI.G.HARIHARAN
SRI.PRAVEEN.H.
SMT.K.S.SMITHA
SMT.B.R.SINDU
SRI.V.R.SANJEEV KUMAR
SMT.AFNA V.P.
SHRI.V.ROHITH
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KALPETTA, WAYANAD,
REPRESENTED BY ITS SECRETARY,
PIN-673122
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KALPETTA,
WAYANAD, PIN-673122
3 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
SULTHAN BATHERY, WAYANAD DISTRICT,
PIN-673592
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W.P.(C) No. 30843 of 2025
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4 DEPUTY TRANSPORT COMMISSIONER,
NORTH ZONE, CIVIL STATION, CIVIL STATION P.O.,
MALAPARAMBA, KOZHIKKODE, PIN-673020
5 STATION HOUSE OFFICER, (CORRECTED)*
KONDOTTY POLICE STATION, MALAPPURAM, PIN-673638 ;
* THE ADDRESS OF THE RESPONDENT NO. 5 OCCURING IN
THE CAUSE TITLE OF WP(C) NO. 30843/2025 IS
CORRECTED AS STATION HOUSE OFFICER, PULPALLY
POLICE STATION, WAYANAD DISTRICT PIN-673579
AS PER ORDER DATED 04.11.2025 IN I.A.NO.2/2025
IN WP(C) NO. 30843/2025.
6 SRI. K.U. KUNJAPPAN,
KUNNAMPURATH (H),
MULLENKOLLY, PULPALLY,
WAYANAD DISTRICT, PIN-673579
SRI.MATHEW KURIAKOSE
SRI. SREEJITH V.S., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No. 30843 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 30843 of 2025
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Dated this the 11th day of December, 2025
JUDGMENT
The petitioner had preferred Ext.P4 complaint against the
3rd respondent, complaining that the 6th respondent is not
maintaining the time schedule granted to him.
2. A statement has been filed on behalf of the 2 nd
respondent, who is the Secretary of the Regional Transport
Authority, Wayanad, which reads as follows:-
"3. It is submitted that the petitioner is a stage
carriage operator in the place Pulpally, Wayanad.
The petitioner, the owner of the Stage Carriage
KL 73 A 9466, which operators on the
Madappallikkunnu-Seethamount-Pulpally Route,
had submitted a complaint to the Sulthan
Bathery Joint Regional Transport Officer on
06.01.2025, stating that the stage carriage vehicle
KL 73 C 9077 owned by Sri.K.U.Kunjappan, which
operators on the Parakkadavu-Kannur route, is
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operating without the time schedule prescribed
by them and that he has suffered losses due to
their operation. The above complaint was
enquired by the Sultan Bathery Joint Regional
Transport Officer and after finding that the
complaint was genuine, a e-challan prepared on
14.05.2025 under challan No.KL
160855250514182110. The vehicle was then
operated on schedule time issued to him.
However, on 28.02.2025, the complainant filed
another complaint to the Deputy Transport
Commissioner, North zone that the vehicle was
again operating irregular time schedule, and a
letter was sent to the owner of the vehicle No.KL
73 C 9077 on 01.07.2025, asking him to appear for
the personal hearing. However, the owner has
not appeared for the personal hearing till date.
Therefore, instructions have been given to the
Sulthan Bathery Joint Regional Transport Officer
to conduct a fresh enquiry into the above
complaint on 21.08.2025 and take action if there
is any merit and inform the matter. In addition, a
squad already formed to resolve the above
complaint and after conducting a detailed
enquiry, if it is found that the complaint is
genuine, it will be considered in the upcoming
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RTA meeting and steps will be taken to suspend
the permit."
The above statements are recorded.
3. The 6th respondent has filed a counter denying the
allegations and contending that the petitioner has also violated the
time schedule. The 6th respondent has also preferred Ext.R6(a)
complaint before the authorities against the petitioner herein.
4. Be that as it may, taking note of the statement filed by
the Government Pleader, there will be a direction to the 2 nd
respondent to hear the petitioner and the 6 th respondent and to take
such measures required to see that the 6 th respondent is adhering to
the time schedule granted. A decision shall be taken with notice to
the petitioner and the 6th respondent, within two months from the
date of receipt of a copy of this judgment. All the contentions of the
parties are left open.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2025:KER:95518
APPENDIX OF WP(C) NO. 30843 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGULAR STAGE CARRIAGE
PERMIT DATED 14.08.2024 ISSUED BY THE RTA
WAYANAD RELATING TO BUS NO KL.73A 9466
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS DATED
11.11.2021 ISSUED BY THE 1ST RESPONDENT
GRANTING VARIATION OF SERVICE FOR THE BUS
BEARING REGISTRATION NUMBER KL.73A 9466
Exhibit P3 A TRUE COPY OF THE PROCEEDINGS DATED
04.05.2023 ISSUED BY THE 2ND RESPONDENT
FOR THE BUS KL - 73C - 9077 TO OPERATE ON
THE ROUTE PARAKADAVU - PULPALLY -
MANATHAVADI - KANNU
Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED
06.01.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT ON
28.02.2025
RESPONDENTS' EXHIBITS
Exhibit R6(a) A TRUE COPY OF THE COMPLAINT DATED
09.01.2025 SUBMITTED BY THE 6TH
RESPONDENT TO THE RTO, WAYANAD
