Disposed

K.K. Abdul Gafoor v. the Regional Transport Authority

Kerala HC21 Dec 2018WP(C)/42078/2018

Case brief

AI extract

What is this about?

Petitioner sought writ mandamus directing Regional Transport Authority to consider his modified application for a regular bus permit in a scheduled meeting. Court directed placing in meeting if report ready, otherwise obtaining report within two weeks.

What did the court decide?

Petitioner's modified application to be placed in R.T.A. meeting on 27.12.2018 if report is ripe; otherwise report to be obtained within two weeks and placed in next meeting.

K.K. Abdul Gafoor Vs the Regional Transport… — Contract and Commercial Disputes | 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 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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WP(C).No. 42078 of 2018

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PETITIONER/S:

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K.K. ABDUL GAFOOR AGED 42 YEARS

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KARUVANGATTUKAVIL HOUSE, RANGATTUR, NADUVATTOM P.O., MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY, ASHRAF, S/O. AVARAN, CHATHANATHIL HOUSE, CHIRAKKAL, KURUMBATHUR, PUNNATHALA P.O., TIRUR, MALAPPURAM.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM - 676505.

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2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM - 676505.

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BY SMT. SHEEJA C.S., SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 42078 of 2018

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JUDGMENT

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Going by the averments in the writ petition,

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the petitioner applied for grant of regular permit on the route Thirunavaya-PuthanathaniTirur-Kuttippuram-Edachalam-Kottayi Azhimugham by submitting an application on 06.07.2017. Since

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the said application was not considered for quite some time and the timings suggested by the petitioner was taken away by other operators, the petitioner submitted Ext.P1 modified proposal on 06.11.2018 to modify the route as Theyyala-TirurPuthanathani-Kuttippuram. The petitioner has also furnished the proposed set of timings for the modified route vide Ext.P2. Ext.P3 is the copy of rough sketch of the route. Now, the petitioner has moved this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Regional Transport Authority to consider Ext.P1 modified application submitted by him for regular permit on the said route in the

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WP(C).No. 42078 of 2018

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meeting of the Regional Transport Authority scheduled to be held on 27.12.2018. The petitioner has also sought for other

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consequential reliefs.

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petitioner and also the learned Senior Government

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Pleader appearing for the respondents.

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The learned Senior Government Pleader

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would submit that if a report of the Field Officer, based on the modified proposal made by the petitioner in Ext.P1 application, is obtained

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and the said application is ripe for consideration, the same shall be placed in the meeting of the 1^st respondent Regional Transport Authority scheduled to be held on 27.12.2018. Otherwise, after obtaining report of the Field Officer, the same shall be placed in the next meeting of the 1^st respondent Regional Transport Authority.

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Having considered the submissions made by

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the learned counsel on both sides, this writ

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WP(C).No. 42078 of 2018

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petition is disposed of by directing the 2^nd

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respondent to place Ext.P1 modified application submitted by the petitioner in the meeting of the

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1^st respondent Regional Transport Authority

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scheduled to be held on 27.12.2018, in case the report of the Field Officer on said application is received and the same is ripe for consideration. Otherwise, the 2^nd respondent shall take necessary steps to ensure that the report of

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the Field Officer is obtained on Ext.P1

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application within a period of two weeks from the date of receipt of a certified copy of this judgment and thereafter, said application shall be placed, along with the report of the Field Officer, in the next meeting of the Regional

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Transport Authority.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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AV/21/12

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WP(C).No. 42078 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 REQUEST FOR MODIFICATION DATED 06/11/2018. EXHIBIT P2 TRUE COPY OF THE PROPOSED TIMINGS. EXHIBIT P3 TRUE COPY OF THE ROUGH SKETCH OF THE ROUTE.

K.K. Abdul Gafoor v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

K.K. Abdul Gafoor v. the 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

Statutes considered

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