Disposed
P Ravichandran v. the Secretary, Regional Transport Authority, Malappuram
Kerala HCWP(C)/6674/2014
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938
WP(C).No. 6674 of 2014 (H)
PETITIONER(S) :
P.RAVICHANDRAN,
S/O. PALANISWAMI, 7B, CORONET APPARTMENT, KANNAMKULANGARA, KOORKANCHERY POST, THRISSUR.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENT(S) :
1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN:676 505.
2. THE STATE TRANSPORT AUTHORITY, KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT COMMISSIONERATE, THIRUVANANTHAPURAM, PIN:695 039.
BY SPL.GOVERNMENT PLEADER SRI. SANTHOSH KUMAR.P
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 6674 of 2014 (H)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P3: TRUE COPY OF THE ORDER OF THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM DATED 08.11.2011.
EXHIBIT P4: TRUE COPY OF THE GUIDELINES ISSUED BY THE TRANSPORT COMMISSIONER DATED 04.11.2011.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
A.MUHAMED MUSTAQUE, J.
W.P.(C).No.6674 of 2014
Dated this the 2nd day of November, 2016
J U D G M E N T
This writ petition was filed in the year 2014, challenging suo moto revision of timing by 1st respondent as per Ext.P7 proceedings. Petitioner submits that on account of revision of timings as above, operation of petitioner's stage carriage has been badly affected in the route Kozhikode-Thrissur with limited stop fast passenger in respect of vehicle bearing No.KL-08/AZ 1199 (previously KL-08-AR 2772). This Court passed the following order on 07.03.2014.
“Admit. The learned Government Pleader takes notice for respondents 1 and 2. There shall be an interim direction as prayed for.”
The learned special Government Pleader submits that in the route they can operate the stage carriage only as limited stop ordinary and not as a limited stop fast passenger. I am not entering into any finding on the above aspect in view of the fact that there is a stay against the operation of Ext.P7 from 2014 onwards. Hence, this Court is of the view that this writ petition can be disposed of, making the interim order as absolute. It is
W.P.C.No.6674/2014
2
made clear that the petitioner can operate the vehicle only in accordance with law as per the relevant Government Order. However, if any person is aggrieved by the timings, they are free to move to the appropriate authority to vary the timings in accordance with law. The RTO is also free to effect changes in timings, if necessary, after giving notice to the affected persons in accordance with law.
Sd/- (A.MUHAMED MUSTAQUE, JUDGE)
TRUE COPY
P.A TO JUDGE
DG
P.RAVICHANDRAN
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
THE STATE TRANSPORT AUTHORITY, KERALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
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