The Kerala High Court dismissed a writ petition challenging the Appellate Tribunal's order confirming a bus route rejection by the RTA, finding no reason to disturb the finding of overlapping routes.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMAN
FRIDAY, THE 12TH JANUARY 2007 / 22ND PAUSHA 1928
WP(C).No. 103 of 2007(K)
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PETITIONER:
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SRI.M.MOHAMMED ASLAM, KAPPAT HOUSE, PADINJATTAMURI P.O., (VIA) KOOTTILANGADI,MALAPPURAM DISTRICT.
BY ADV. SRI.P.RAVINDRAN
RESPONDENTS:
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1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPPURAM.
2. THE SECRETARY,
RTA, MALAPPURAM.
3. K.S.R.T.C.,
REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, THRISSUR.
4. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.
BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. GOVT.PLEADER SRI.M.F.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R.RAMAN, J.
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W.P.(C) NO. 103 OF 2007 ```````````````````````````
Dated this the 12th day of January, 2007
J U D G M E N T
The challenge made in this writ petition is against Exhibit P10 order passed by the Appellate Tribunal confirming the order passed by the RTA. Though the RTA by Exhibit P3 rejected the claim for variation on the ground that since the counter signature applied is from Malappuram to Manjeri which is well served by KSRTC and private buses including higher class service with time gap. But the appellate authority found in Exhibit P10 that even in the existing route there is an overlapping of more than 33 Kms and therefore further overlapping cannot be permitted.
In such circumstances, I do not find any good reason to interfere with the order. Writ petition is dismissed.
P.R.RAMAN, JUDGE
Rp
1 issue framed by the court
Whether the writ court is justified in interfering with the appellate tribunal's order permitting bus route variation despite claimed service in the area.
Sri. M. Mohammed Aslam
The Regional Transport Authority, Malappuram
The Secretary, RTA, Malappuram
K.S.R.T.C.
State Transport Appellate Tribunal, Ernakulam
P.R. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
