Kerala High Court
K.M.Navas vs The Secretary on 15 July, 2025
2025:KER:52157
WP(C) No. 16759 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 16759 OF 2025
PETITIONERS:
1 K.M.NAVAS,
AGED 48 YEARS, S/O K.V.MOOSA,
KADAYATHERI MOOLAYIL HOUSE,
EDATHALA P.O., KUZHIVELIPPADY,
SECRETARY,
KERALA BUS TRANSPORT ASSOCIATION,
PUKKATTUPADY AREA COMMITTEE,
REGISTRATION NO.TCR 710/2006,
KALLAN COMPLEX, PUKKATTUPADY,
ERNAKULAM DISTRICT, PIN-683561
2 T.P.ALI,
AGED 53 YEARS, S/O PAREEKUTTY,
THEKKETHAMARACHALIL,
VADACODE P.O., KANGARAPPADY,
ERNAKULAM DISTRICT, PIN-682021
BY ADV. SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, 2ND FLOOR, A3 BLOCK,
CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-683030
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WP(C) No. 16759 of 2025
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2 SAJU K.V.,
S/O VARKEY, KADAPARAMBIL HOUSE,
MALAYIDOMTHURUTH P.O., KIZHAKKAMBALAM,
ERNAKULAM DISTRICT, PIN-683561
R1 SRI. SREEJITH V.S., GOVERNMENT PLEADER
R2 ADV. K.V. GOPINATHAN NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No. 16759 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No. 16759 of 2025
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Dated this the 15th day of July, 2025
JUDGMENT
The petitioners are aggrieved by Ext.P9 order dated
09.12.2024 passed by the State Transport Appellate Tribunal,
Ernakulam, in MVARP No.59 of 2024, which was filed by the 2 nd
respondent herein challenging the order passed by the Secretary,
Regional Transport Authority, Ernakulam dated 19.08.2024,
pursuant to the directions of this Court in W.P.(C) No.17223 of 2024
dated 10.05.2024 and R.P.No.846 of 2024 dated 08.08.2024.
2. The complaint raised by the petitioners is regarding the
following findings of the Tribunal:
"4. On perusing the facts and documents it can be
seen that there is a vacant time from Vyttila at 4.55 p.m.
which was being operated by another service and there
is no hindrance to allot the said timing to the
petitioner. The present time table given to the
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petitioner appears to be non-beneficial and impractical
to the petitioner. Considering the safety and also for
promoting balance, the facts agitated therein needs to
be reconsidered.
In the result, the revision petition is allowed. The
impugned order is set aside. The 2nd respondent shall
reconsider the matter and shall pass orders in
accordance with law within three months from the date
of receipt of a copy of this order after hearing all parties
concerned."
3. A reading of the above order clearly shows that the
factual findings rendered will certainly prejudice the parties when
the timing conference is convened and when the matter is taken up
for consideration.
4. Learned Government Pleader submits that pursuant to
the order of the Tribunal, through Ext.P10, a timing conference was
scheduled on 24.04.2025, which did not happen on account of the
interim stay granted in the present writ petition.
5. Under such circumstances, there will be a direction to
the 1st respondent to proceed with the timing conference proposed
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and to pass final orders as directed in Exts.P4 and P6 within one
month from the date of receipt of a copy of this judgment.
6. It is made clear that the 1st respondent will consider the
contentions of the petitioners, the 2nd respondent and the other
affected parties, if any, and pass orders adverting to their
contentions in accordance with law, untrammelled by any
observations made in Ext.P9 order by the State Transport Appellate
Tribunal. All the contentions of the parties are left open.
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 16759/2025
PETITIONERS' EXHIBITS
Exhibit P-1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P.(C) NO.37610 OF 2023 DATED
17.11.2023
Exhibit P-2 TRUE COPY OF THE ORDER NO.J1/15246/2022/E
DATED 02-12-2023 ISSUED BY THE 1ST
RESPONDENT ALONG WITH TYPED COPY
Exhibit P-3 TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION FILED BY THE 2ND RESPONDENT AS
MVARP NO.181 OF 2023 BEFORE THE STATE
TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM
Exhibit P-4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT IN W.P. (C).NO.17223/2024 DATED 10-
05-2024
Exhibit P-5 TRUE COPY OF THE NOTICE FOR TIMING
CONFERENCE DATED 24-07-2024 ISSUED BY THE
1ST RESPONDENT
Exhibit P-6 TRUE COPY OF THE JUDGMENT IN
R.P.NO.846/2024 IN W.P.(C).NO17223/2024
DATED 08.08.2024
Exhibit P-7 TRUE COPY OF THE ORDER VIDE
V1/766168/2024/E DATED 19-08-2024 ISSUED
BY THE 1ST RESPONDENT
Exhibit P-8 TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION FILED BY THE 2ND RESPONDENT
BEFORE THE STAT AS MVARP.NO 59/2024 DATED
07-09-2024
Exhibit P-9 TRUE COPY OF THE ORDER OF THE STATE
TRANSPORT APPELLATE TRIBUNAL IN
MVARP.NO.59/2024 DATED 09-12-2024
Exhibit P-10 TRUE COY OF THE NOTICE FOR TIMING
CONFERENCE ISSUED BY THE 2ND RESPONDENT
DATED 28-03-2025
