Dismissed

K.B.Vittal Rai v. the State Transport Authority.

Kerala HC8 Aug 2012WP(C)/73/2010

Case brief

AI extract

What is this about?

The Court dismissed the writ petition directing the petitioner to approach the State Transport Authority instead of directly challenging the show cause notice. The direction proceeded in reliance on Supreme Court orders in similar facts. If proceedings are initiated within 15 days, the interim order continues until final disposal by the Authority, which must decide within two months.

What did the court decide?

Petitioner directed to approach the State Transport Authority within fifteen days to raise contentions against the impugned notice. State Transport Authority directed to decide within two months.

K.B.Vittal Rai Vs the State Transport… — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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WEDNESDAY, THE 8TH DAY OF AUGUST 2012/17TH SRAVANA 1934

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WP(C).No. 73 of 2010 (H)

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PETITIONER :

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K.B.VITTAL RAI, VIJAYALAKSHMI NIVAS, KADRI - KAMBALA ROAD, MANGALORE, KARNATAKA STATE.

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BY ADV. SRI.THAMPAN THOMAS

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RESPONDENT(S):

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1. THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM,

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REPRESENTED BY ITS SECRETARY.

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2. THE SECRETARY,

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THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM.

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3. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD.

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4. THE MOTOR VEHICLES INSPECTOR, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY,

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KASARAGOD.

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*ADDL. R5 IMPLEADED

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*5. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, K.S.R.T.C. BHAVAN, THIRUVANANTHAPURAM.

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*IS IMPLEADED AS PER ORDER DATED 11/8/2010 IN I.A NO. 11090/2010

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R1 TO R4 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN R5 BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SC, KSRTC SRI P.BENJAMIN PAUL,SC, KSRTC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 73 of 2010 (H)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1	: COPY OF THE RENEWED PERMIT ISSUED BY THE SECRETARY, KSTA, BANGALORE DATED 6.3.2007.
EXT.P2	: COPY OF THE ORDER SANCTIONING COUNTER SIGNATURE BY THE 1ST RESPONDENT DATED 5.6.2007.
EXT.P3	: COPY OF THE ORDER IN SLP NO. 13808-13810 OF 2009 DATED 1.6.2009.
EXT.P4	: COPY OF THE ORDER IN PETITION TO SLP NO. 8710-8712 DATED 16.07.09.
EXT.P5	: COPY OF THE LETTER ISSUED BY THE SECRETARY, STA, KARNATAKA DATED 8.6.09 TO THE 1ST RESPONDENT.
EXT.P6 RESPONDEN	: COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 21.12.2009. T'S EXHIBITS :

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ANNEXURE R5(a)	: COPY OF THE ORDER DATED 10.7.2009 IN SLP (C) NO. 6775/2009 OF THE HON'BLE SUPREME COURT OF INDIA.
ANNEXURE R5(b)	COPY OF THE ORDER DATED 24.9.2010 IN SPECIAL LEAVE TO APPEAL (CIVIL) NOS. 13808-13810/2009 OF THE HON'BLE SUPREME COURT OF INDIA.

//TRUE COPY//

P.A. TO JUDGE

K.SURENDRA MOHAN, J.

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= = = = = = = = = = = = WP(C).No.73 of 2010.

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= = = = = = = = = = = =

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Dated this the 8^th August, 2012.

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J U D G M E N T

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In view of Annexure-R5(a) Order of the Supreme Court

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by which Special Leave Petitions filed by similar operators like the petitioner have been dismissed and, in view of Annexure-R5(b) Order by which similar petitioners were directed to approach the State Transport Authority against the show cause notices issued to them, it is only appropriate that the petitioner herein is also relegated to that remedy. Ext.P6 is a similar show cause notice issued to the petitioner herein. The contention of the petitioner is that the Regional Transport Officer has no authority to issue Ext.P6.

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This writ petition is accordingly disposed of directing the petitioner to approach the State Transport Authority within fifteen days of receipt of a copy of this

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WP(C).No.73/2010.

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judgment raising all the contentions available to him against the impugned notice, Ext.P6. Pending final disposal of such proceedings, if initiated within the time stipulated above, the interim order granted by this Court shall continue to be in force. The State Transport Authority shall consider the matter in accordance with law and shall take a decision in the matter within a period of two months of the date of initiation of the proceedings, in accordance with the above direction.

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K.SURENDRA MOHAN, (Judge)

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Kvs/-

K.B.Vittal Rai v. the State Transport Authority.

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K.B.Vittal Rai v. the State Transport Authority.

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