Back
2021 Supreme(Online)(KER) 5551
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 WP(C).No.2922 OF 2021(M)
PETITIONER/S:
HANEEFA AGED 55 YEARS S/O.ABDUL RAHIM, ADEEPATT HOUSE, B.P.ANGADI, TIRUR, MALAPPURAM-676105.
BY ADV. SRI.I.DINESH MENON RESPONDENT/S:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION P.O., UPHILL, MALAPPURAM-676505.
2 SUNDARAN.K, S/O.KUMARAN, 14/85, KUNNATH HOUSE, RAMANATTUKARA P.O., KOZHIKODE-673633.
3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,KOZHIKODE, REGIONAL TRANSPORT OFFICER, CIVIL STATION P.O., KOZHIKODE-
673020 IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED
01.03.2021 IN I.A.1/2021 IN WPC 2922/2021.
R2 BY ADV. SRI.K.V.GOPINATHAN NAIR OTHER PRESENT:
SR.GP BIMAL K NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, ALONG WITH WP(C).2883/2021(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 WP(C).No.2883 OF 2021(I)
PETITIONER:
HANEEFA S/O ABDURAHMAN, ADEEPATT HOUSE, B.P ANGADI, TIRUR, MALAPPURAM-676 105.
BY ADV. SRI.I.DINESH MENON RESPONDENT/S:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY , MALAPPURAM, CIVIL STATION P.O.UPHIL, MALAPPURAM-676 505.
2 SABU, S/O VASU, 10/46, MALAYIL HOUSE, PERUMUGHAM POST, FEROKE, KOZHIKODE-673 631.
R2 BY ADV. SRI.K.V.GOPINATHAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, ALONG WITH WP(C).2922/2021(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COMMON JUDGMENT
[ WP(C).2922/2021, WP(C).2883/2021 ]
Dated this the 26th day of March 2021 Grievance of the petitioner, who is common in both the cases, is that, the second respondent in both the cases, who are existing operators conducting two services on the road Parappanangadi – Kozhikode with two stage carriages, which is an inter district route, are not operating in terms of the time schedule. Hence,there is acute clash of timings between the services operated by the petitioner as well as the second respondent in both the writ petitions. It is stated that the second respondent is operating via bypass illegally. An objection was filed before the RTA, Malappuram, a copy of which is produced in both the writ petition as Ext.P3. Grievance of the petitioner is that, Ext.P3 is not considered by the first respondent in spite of considerable delay.
2. Heard the learned counsel for the petitioner, learned senior Government Pleader as well as the learned counsel for the second respondent permit holder.
3. Though the learned counsel for the second respondent denied the allegation of the petitioner that he is plying the vehicle violating the terms and conditions of the permit, petitioner has pursued his complaint. It is seen that the above complaint has been filed before the RTA, Malappuram, though the matter is pending before the RTA, Kozhikode. It is also seen that the permit was issued by the RTA, Kozhikode and the timing also fixed by that authority . It is for that authority to ensure that the terms and conditions of the permit are being complied with.
4. Having considered the above, I am inclined to dispose of the writ petition directing the petitioner herein to submit copies of Ext.P3 before the 3rd respondent within a period of one week from the date of receipt of a copy of this judgment. There will be a direction to the third respondent to consider Ext.P3 application, as expeditiously as possible, at any rate within a period of four weeks from the date of receipt of Ext.P3. The above application shall be considered with notice to the second respondent in both the writ petitions. If violation is found, stern action shall be taken.
The writ petitions are disposed of as above.
JUDGE APPENDIX OF WP(C) 2922/2021 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PERMIT DATED NIL. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED
03.04.2018.
EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 23.01.2021.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.28251/2020 DATED 17.12.2020.
APPENDIX OF WP(C) 2883/2021 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PERMIT DATED NIL EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 3.4.2018 EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 23.1.2021 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO
28251/2020 DATED 17.12.2020
