Disposed

Karunakaran K., v. the Regional Transport Authority

Kerala HC16 Nov 2018WP(C)/35313/2018

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the Regional Transport Authority to convene a timing conference within six weeks to settle timings for the petitioner's stage carriage, considering the existing varied permit and appellate order, due to opposition from other operators.

What did the court decide?

Directed the 2nd respondent to convene a timing conference within six weeks to settle timings for the petitioner's vehicle.

Karunakaran K., Vs the Regional Transport Authority — Service and Employment | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

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WP(C).No. 35313 of 2018

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PETITIONER/S:

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KARUNAKARAN K., AGED 65 YEARS S/O.RAGHAVAN, RAGASUDHA, SANKARANELLUR PO, KOOTHUPARAMBA, KANNUR - 670643

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BY ADV. SRI.SAJEEV KUMAR K.GOPAL

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY SECRETARY, 670001.

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2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR-670001.

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BY SRI. K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 35313 of 2018

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JUDGMENT

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The petitioner, who is the registered owner of

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state carriage bearing registration No.KL-58/B3121 on the route Kannur-Thirunelli Temple Via Thalassery Mananthavady, Nidumpoil, Kuthuparamba, Mambaram, Chala, Kannur and Edakkad, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2^nd respondent to issue the varied permit granted vide Ext.P1 decision of the 1^st respondent Regional Transport Authority dated 04.06.2018 after settling the timings at a running time as provided for Limited Stop Ordinary Services in Ext.P4 [wrongly stated as Ext.P3 in relief No.(i)] or keeping in parity with other limited stop services already operating on the identical route forthwith.

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On 30.10.2018, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

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WP(C).No. 35313 of 2018

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petitioner and also the learned Senior Government Pleader appearing for the respondents.

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The learned Senior Government Pleader, on

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instructions, would submit that though the issue of varied permit granted to the petitioner by Ext.P1 proceedings of the 1^st respondent was included in the timing conference held on 23.10.2018, it could not be settled on account of opposition by the enroute operators. The learned Senior Government Pleader would also submit that the 2^nd respondent shall consider Ext.P3 request of the petitioner in the next timing conference and take an appropriate decision without any further delay.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 2^nd respondent to consider the settlement of timings in respect of the petitioner's stage carriage bearing

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WP(C).No. 35313 of 2018

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registration No.KL-58/B-3121 on the route KannurThirunelli Temple Via Thalassery Mananthavady, Nidumpoil, Kuthuparamba, Mambaram, Chala, Kannur and Edakkad, based on the variation granted by the 1^st respondent in Ext.P1 decision dated 04.06.2018 and taking into account Ext.P4 order of the State Transport Appellate Authority, by convening a timing conference with notice to the petitioner and other enroute operators, as expeditiously as possible, at any rate, within a period of six weeks from the date of production of a certified copy of this judgment.

Sd/-

ANIL K.NARENDRAN

JUDGE

WP(C).No. 35313 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 4.6.2018 IN ITEM NO.55.

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EXHIBIT P2 TRUE COPY OF THE NOTICE FOR TIMING CONFERENCE DATED 17.7.2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ON 15.10.2018 BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER NO.D3/2813/STA/2013 OF THE STATE TRANSPORT AUTHORITY.

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AV/21/11

Karunakaran K., v. the Regional Transport Authority

Case brief

What is this about?

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Karunakaran K., v. the Regional Transport Authority

Case brief

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