Allowed

Samuel v. the Secretary, Regional Transport Authority

Kerala HC1 Apr 2014WP(C)/6572/2014

Case brief

AI extract

What is this about?

This writ petition challenged KSRTC's operation of services without permit and settled timings. The court directed the RТА Secretary to consider petitioner's objections after notice to KSRTC within one month, applying Remesh Kumar.

What did the court decide?

Directed the Secretary, Regional Transport Authority to consider petitioner's objections with notice to KSRTC within one month.

Samuel Vs the Secretary, Regional Transport Authority — Service and Employment | Kerala HC (2014)

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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.VINOD CHANDRAN

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TUESDAY, THE 1ST DAY OF APRIL 2014/11TH CHAITHRA, 1936

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W.P.(C).No.6572 of 2014 (V)

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PETITIONER(S):-

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SAMUEL, S/O. VARGHESE, JOBI SADANAM, PAYYANAMON P.O., KONNI, PATHANAMTHITTA.

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BY ADV. SRI.O.D.SIVADAS.

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RESPONDENT(S):-

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA - 689 645.

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THE DISTRICT TRANSPORT OFFICER, KERALA STATE TRANSPORT CORPORATION LIMITED, PATHANAMTHITTA - 689 645.

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THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, RANNI - 689 672.

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THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695 001.

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R1 BY GOVERNMENT PLEADER SRI.JOSEPH GEORGE. R2 TO R4 BY STANDING COUNSEL SRI.P.C.CHACKO.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

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W.P.(C).No.6572 of 2014 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS:-

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EXHIBIT-P1 TRUE COPY OF THE PROCEEDINGS OF THE IST RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE REPRESENTATION DATED 20/01/2014. EXHIBIT-P3 TRUE COPY OF THE REPRESENTATION DATED 03/02/2014.

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RESPONDENT(S)' EXHIBITS:-

NIL.

Vku/ ( true copy )

K.Vinod Chandran, J.

------------------------------------- W.P.(C).No.6572 of 2014-V

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--------------------------------------

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Dated this the 01^st day of April, 2014

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JUDGMENT

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The petitioner contends that he is operating in different routes, as revealed from Exhibit P1 series of proceedings of the Secretary, Regional Transport Authority on permits issued with settled timings, which are not notified routes. While the petitioner has been running on settled timings, the respondent-Kerala State Road Transport Corporation (“KSRTC” for short), it is alleged, has started operation of services in the route without any settlement of timings from Secretary, Regional Transport Authority of Pathanamthitta. The petitioner has objected to the operation of the services by the KSRTC by Exhibits P2 and P3 before the Secretary, contending that the KSRTC is operating the service without permit and without settlement of timings.

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WP(C).No.6572 of 2014

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In the circumstance and going by the decision

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of this Court in Remesh Kumar v. Regional Transport

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Authority [2014 (1) KHC SN 39] , it is deemed fit that the Secretary be directed to consider the objections, Exhibits P2 and P3, after notice to the KSRTC, within one month

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from the date of receipt of a certified copy of this judgment.

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I do so.

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Writ petition is disposed of as above. No costs.

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Sd/K.Vinod Chandran, Judge

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vku.

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( true copy )

Samuel v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Samuel v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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Parties & counsel

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