Disposed

K.v.Mammikutty v. the Secretary, Regional Transport Authoirty

Kerala HC16 Jan 2019WP(C)/1096/2019

Case brief

AI extract

What is this about?

Petitioner is a stage carriage operator opposing revision of timings of a respondent's carriage. Court directs RTA to consider petitioner's objection in upcoming timing conference after serving notice to all enroute operators.

What did the court decide?

Directed the RTA to consider the petitioner's objection in the scheduled timing conference after noticing the petitioner and other enroute operators.

K.v.Mammikutty Vs the Secretary, Regional Transport… — Service and Employment | Kerala HC (2019)

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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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WEDNESDAY,THE 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940

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WP(C).No. 1096 of 2019

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PETITIONER:

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K.V.MAMMIKUTTY AGED 74 YEARS S/O. ABDURAHMAN, KULANGARAVEETTIL HOUSE, MANGALAM P.O., MALAPPURAM DISTRICT

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MALAPPURAM 676 505

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2 KOYAMU HAJI, S/O. AHMADKUTTY, VALANCHERRY MEDU, PUTHUR, PALLIKKAL, MALAPPURAM 673 634

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SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.1096 of 2019

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:-2-:

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J U D G M E N T

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The petitioner, who is a stage carriage operator on the route Tirur-Chaliyam in respect of stage carriage bearing registration No.KL-08/AF5868, covered by Ext.P1 regular permit, with the timing settled as per Ext.P2 proceedings dated 16.2.1998 (in respect of basic vehicle bearing registration No.KL-10/D-5050), has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent to consider Ext.P9 objection dated 8.1.2019 raised by the petitioner in respect of the request for revision of timings of stage carriage bearing registration No.KL-56/6730 of the 2^nd respondent, on the route Tanur-Kozhikkode, in the timing conference scheduled to be held on 17.1.2019 pursuant to Ext.P8 notice (Serial No.S3-WA 1825 of 18).

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W.P.(C)No.1096 of 2019

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:-3-:

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On 14.1.2019, when this writ petition came

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up for admission, the learned Senior Government Pleader sought time to get instructions.

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Heard the learned counsel for the

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petitioner and also the learned Senior Government Pleader appearing for the 1^st respondent.

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Considering the nature of relief proposed to be

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granted, service of notice on the 2^nd respondent is dispensed with.

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The learned Senior Government Pleader on instructions would submit that the 1^st respondent

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shall consider Ext.P9 objection made by the

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petitioner, in the timing conference scheduled to be held on 17.1.2019, pursuant to Ext.P8 notice, regarding revision of timings of stage carriage

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bearing registration No.KL-56/6730 of the 2^nd

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respondent on the route Tanur-Kozhikkode.

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Having considered the submissions made by the

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W.P.(C)No.1096 of 2019

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:-4-:

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learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to consider Ext.P9 objection made by the petitioner as well, in the timing conference scheduled to be held on 17.1.2019, pursuant to Ext.P8 notice, regarding revision of timings of stage carriage bearing registration No.KL-56/6730 of the 2^nd respondent on the route Tanur-Kozhikkode, with notice to the petitioner and other enroute operators.

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The petitioner shall serve a copy of Ext.P9 objection to the 2^nd respondent forthwith and a memo

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to that effect shall also be produced before the 1^st respondent.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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ami/16.1.19

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W.P.(C)No.1096 of 2019

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:-5-:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PERMIT OF THE PETITIONER DATED 28.1.2011. EXHIBIT P2 TRUE COPY OF THE PROCEEDING DATED 16.2.1998 EXHIBIT P3 TRUE COPY OF THE PROCEEDING DATED 4.8.2017. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO. 28640/17 DATED 29.1.18 EXHIBIT P5 TRUE COPY OF THE STA DECISION DATED 21.4.2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO. 24766/17 DATED 12.7.18. EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.A.NO. 1825/18 DATED 4.10.18 EXHIBIT P8 TRUE EXTRACT OF THE TIMING CONFERENCE NOTICE. EXHIBIT P9 TRUE COPY OF THE OBJECTION DATED 8.1.2019

K.v.Mammikutty v. the Secretary, Regional Transport Authoirty

Case brief

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K.v.Mammikutty v. the Secretary, Regional Transport Authoirty

Case brief

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