Kerala High Court
Sajith Saksan vs The Regional Transport Authority on 3 July, 2025
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 1 2025:KER:48618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3rd DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 38415 OF 2024
PETITIONER:
SUNEESH E.S, AGED 44 YEARS,
S/O SAHANAN, THITTAYIL HOUSE, PANANGAD,
ERNAKULAM, PIN - 682506
BY ADVS. SRI.RILGIN V.GEORGE
SHRI.K.T.RAVEENDRAN
SMT.AKSHARA K.P.
SMT.ARATHY P.S.
RESPONDENTS:
1 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
ERNAKULAM, PIN - 682030
2 SAJITH SAKSAN,
S/O T.P.ANTONY, AGED 45 YEARS,
THOUNDAYIL HOUSE, MARADU, NETTOOR P.O,
ERNAKULAM, PIN - 682040
SRI. SREEJITH V.S., GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 03.07.2025, ALONG WITH WP(C).40978/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 2 2025:KER:48618
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 3rd DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 40978 OF 2022
PETITIONER:
SAJITH SAKSAN, AGED 43 YEARS,
S/O T.P. ANTONY, THOUNDAYIL HOUSE, MARADU,
NETTOOR P.O., ERNAKULAM - 682040.
BY ADV SHRI.SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O, ERNAKULAM - 682030.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
OFFICE, CIVIL STATION P.O., ERNAKULAM-682030.
3 SUNEESH.E.S, AGED 42 YEARS
S/O SAHANAN, THITTAYIL HOUSE, PANANGAD,
ERNAKULAM-682506.
BY ADVS. SHRI.P.DEEPAK (SR.)
SMT.NAZRIN BANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING
ON 03.07.2025, ALONG WITH WP(C).38415/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 3 2025:KER:48618
JUDGMENT
[WP(C) Nos.38415/2024, 40978/2022]
W.P.(C) No.40978 of 2022 challenges Ext.P8, which indicates a
timing conference proposed for the settlement of the timings
concerning Stage Carriage No.KL-06 D 0055, belonging to the third
respondent. The petitioner contends that though the permit for the
above stage carriage was granted on 18.09.2019, the same was not
issued. There is also a prayer to direct the Secretary, Regional
Transport Authority, Ernakulam, to consider Ext.P7 objection filed
by the petitioner while deciding on the settlement of timings.
2. W.P.(C) No.38415 of 2024 is filed by the third respondent in
W.P.(C) No.40978 of 2022 seeking a direction to the first respondent,
Secretary of the Regional Transport Authority to forthwith convene
a timing conference and to settle the timings and issue a regular
permit in terms of the permit granted on 18.09.2019. It is seen that
an interim order was passed by this court in W.P.(C) No.40978/2022
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 4 2025:KER:48618
on 16.12.2022 deferring the timing conference scheduled on
19.12.2022, for a period of one month. However, the said interim
order was not extended thereafter.
3. Under such circumstances, I am inclined to dispose of the
writ petition directing the Regional Transport Authority,
Ernakulam or such other competent authority, to hear the
petitioners in both cases for considering the request of the
petitioner in W.P.(C) No.38415 of 2024 for the settlement of timings.
I notice that the writ petitioner in W.P.(C) No.40978 of 2022 is also
questioning the substitution of a vehicle after nearly three years by
the petitioner in W.P.(C) No.38415 of 2024. Be that as it may, it will
be for the authority concerned to take a decision in accordance
with law, after hearing both the petitioners. It is made clear that I
have not expressed any opinion on the merits of the claims made by
either of the petitioners. The Regional Transport Authority,
Ernakulam, or such other competent officer, will pass orders on the
issue referred above, within two months from the date of receipt of
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 5 2025:KER:48618
a copy of this judgment. All the contentions of the petitioners are
left open.
The writ petitions are disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 6 2025:KER:48618
APPENDIX OF WP(C) 40978/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO
PETITIONER DATED 17.6.2022.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS GRANTING
PERMIT TO 3RD RESPONDENT DATED 18.9.2019
WITH TRANSLATION.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP[C]
NO.26516/2022 DATED 1.9.2022.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP[C]
32309/2022 DATED 1.11.2022.
Exhibit P5 TRUE COPY OF THE VEHICLE DETAILS OF KL-
39 L 7929 FROM WEBSITE DATED NIL.
Exhibit P6 TRUE COPY OF THE OBJECTION SUBMITTED BY
PETITIONER DATED 29.11.2022 WITH
TRANSLATION.
Exhibit P7 TRUE COPY OF THE VEHICLE DETAILS OF
VEHICLE KL-06 D 0055 FROM WEBSITE DATED
NIL.
Exhibit P8 TRUE COPY OF THE NOTICE FOR TIMING
CONFERENCE DATED 9.12.2022.
RESPONDENTS' EXHIBITS
Exhibit R3(a) A TRUE COPY OF THE COMMON JUDGMENT DATED
15.10.2018 IN WPC NO: 24680 OF 2017
Exhibit R3(b) A TRUE COPY OF THE NOTICE DATED
14.01.2020
Exhibit R3(c) A TRUE COPY OF THE JUDGMENT DATED
25.02.2020 IN WPC NO: 2961 OF 2020
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 7 2025:KER:48618
Exhibit R3(d) A TRUE COPY OF THE JUDGMENT DATED
13.01.2021 IN WPC NO: 19427 OF 2020
Exhibit R3(e) A TRUE COPY OF THE NOTICE DATED (NIL)
PROPOSING TO CONVENE A TIMING CONFERENCE
ON 13.01.2022
Exhibit R3(f) A TRUE COPY OF THE NOTICE DATED (NIL)
PUBLISHED IN THE NOTICE BOARD OF THE
OFFICE OF THE SECOND RESPONDENT
ADJOURNING THE TIMING CONFERENCE
SCHEDULED TO BE HELD ON 27.02.2021 WITH
ENGLISH TRANSLATION.
Exhibit R3(g) A TRUE COPY OF THE REGULAR PERMIT ISSUED
TO KL-39-L-7929 DATED 12.07.2021
Exhibit R3(h) A TRUE COPY OF THE REPRESENTATION DATED
13.06.2022 ADDRESSED TO THE 2ND
RESPONDENT
Exhibit R3(i) A TRUE COPY OF THE SAID JUDGMENT DATED
(NIL) REPORTED IN 1999 (2) KLJ 1092 AS
VINOD THOMAS V. RTA, KOTTAYAM DATED NIL.
Exhibit R3(j) A TRUE COPY OF THE NOTICE DATED
04.07.2022
Exhibit R3(k) A TRUE COPY OF THE JUDGMENT DATED
01.09.2022 IN WPC NO: 26516 OF 2022
Exhibit R3(l) A TRUE COPY OF THE IN WPC NO: 32309 OF
2022 WITHOUT EXHIBITS
Exhibit R3(m) A TRUE COPY OF THE JUDGMENT DATED
01.11.2022 IN WPC NO: 32309 OF 2022 OF
THE HONOURABLE COURT.
// TRUE COPY //
P.A. TO JUDGE
WP(C) NO. 38415 OF 2024 &
WP(C) NO. 40978 OF 2022 8 2025:KER:48618
APPENDIX OF WP(C) 38415/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE
RTA, ERNAKULAM DATED 18.09.2019 ALONG
WITH BTRANSLATION
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED
25.02.2020 IN WPC NO. 2961 OF 2020
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER DATED
16.12.2022 IN WPC NO. 40978 OF 2022
Exhibit P4 A TRUE COPY OF THE NOTICE DATED
28.09.2024
// TRUE COPY //
P.A. TO JUDGE
