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K.K.Abdul Gafoor v. the Secretary

Kerala HC12 Aug 2016WP(C)/26445/2016

Case brief

AI extract

What is this about?

The High Court at Ernakulam set aside an order dated 16.4.2016 which bore an endorsement date of 25.7.2016, deeming the delay fatal. The Court directed the Regional Transport Authority to consider the petitioner's application for revision of vehicle timings with proper notice.

What did the court decide?

Ext.P3 order set aside; RTA directed to decide timing revision application within one month with proper notice.

K.K.Abdul Gafoor Vs the Secretary — Constitutional and Fundamental Rights | Kerala HC (2016)

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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 SHAJI P.CHALY

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FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938

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WP(C).No. 26445 of 2016 (E)

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PETITIONER(S) :

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K.K.ABDUL GAFOOR,

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S/O.ABDUL KHADER, KARUVANGATT KAVIL HOUSE, P.O.NADUVATTOM, KUTTIPPURAM, MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY, ASHARAF, S/O.AVARAN, CHANANATHIL HOUSE, CHIRAKKAL, KURUMBATHUR, PUNNATHALA, TIRUR.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT(S) :

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM - 676 505.

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BY SR. GOVERNMENT PLEADER SRI.PAUL VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 26445 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C)NO.32006/2015 DATED 20.10.2015.

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EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 11.02.2016.

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EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 16.04.2016 SIGNED ON 25.07.2016.

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EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 30.09.2015.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J. ----------------------------------------------- W.P.(C). No.26445 of 2016

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----------------------------------------------Dated this the 12^th day of August, 2016

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JUDGMENT

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Petitioner is a permit holder in respect of vehicle bearing No.KL-10 W 3465 plying on the route Kuttipuram - Tirur. Petitioner has submitted an application seeking revision of his own timings and thereafter secured Ext.P1 judgment from this Court to consider the said application within one month. According to the petitioner, a timing schedule was notified on 11.2.2016 and a conference was scheduled to 16.4.2016. According to the petitioner, on the said date no timings conference was convened and the same was adjourned. Petitioner later moved COC No.1034/2016 for non-compliance of the direction contained in Ext.P1 judgment. According to the petitioner, on receipt of notice, an order dated 16.4.2016 is purportedly passed with an endorsement of '27.5.2016' declining the revision of timings sought for by the petitioner. According to the petitioner, there was no timing conference constituted on 16.4.2016 and the attempt of the respondent was only to get

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W.P.(C). No.26445 of 2016

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over the proceedings of contempt initiated by the petitioner. It is in this background this writ petition is filed.

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Heard learned counsel for the petitioner, learned Government Pleader and perused the pleadings and documents on record.

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As discussed above, the paramount contention put forth by learned counsel for the petitioner is that, even though Ext.P3 order is dated 16.4.2016, from the endorsement made towards the bottom of the said order, it is categoric and clear that, the same was signed by the respondent only on 25.7.2016. I find force in the contention put forth by the learned counsel for the petitioner, in view of the endorsement with date of 25.7.2016. Therefore, I set aside Ext.P3 order.

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Therefore, it is only just and proper that, appropriate direction is issued to the respondent to consider Ext.P4, revision of timings sought for by the petitioner. In that view of the matter, the respondent is directed to take on board Ext.P4 and take a decision on the same, in accordance with law, within one month from the date of receipt of a copy of this judgment, with notice to the petitioner as well as other interested persons, and

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W.P.(C). No.26445 of 2016

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communicate the order to the petitioner without further delay.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY

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smv 12.08.2016

K.K.Abdul Gafoor v. the Secretary

Case brief

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K.K.Abdul Gafoor v. the Secretary

Case brief

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