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Sidheeque Ullattil v. the Secretary

Kerala HC14 Jan 2019WP(C)/1109/2019

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a writ petition seeking a direction to the Regional Transport Authority to consider the petitioner's objection during a timing conference held on 17.01.2019 regarding revision of timings by another stage carriage operator. The court directed the Respondent to consider the objection along with the second respondent's request.

What did the court decide?

Directed the 1st Respondent to consider the petitioner’s objection while deciding the second respondent's request for timing revision during the conference on 17.01.2019.

Sidheeque Ullattil Vs the Secretary — 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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MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

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WP(C).No. 1109 of 2019

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PETITIONER:

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SIDHEEQUE ULLATTIL AGED 41 YEARS S/O. ASSAINAR, ULLATTIL HOUSE, K. PURAM P.O., TIRUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.SAJU J.VALLYARA

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RESPONDENTS:

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1 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN- 676505.

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2 SRI. MUHAMMED KABEER, S/O. AVARAN, VALIYAPARAMBIL HOUSE, TANALUR P.O, OZHUR, TIRUR, MALAPPURAM DISTRICT.

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SMT MABLE C.KURIEN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.1109/2019

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JUDGMENT

The petitioner is the holder of Ext.P1 regular permit on the route Tirur-Theyyala in respect of stage carriage bearing Registration No.KL-12/E-6768. The 2^nd respondent is another stage carriage operator on the route Tirur-Tanur-Kunnumpuram-Venniyur in respect of his stage carriage bearing Registration No.KL-10/AH-5132. The 2^nd respondent applied for revision of his own timings and obtained a direction from this Court in W.P.(C).No.38002 of 2018 to consider the said request. Pursuant to the said judgment, the 1^st respondent has issued Ext.P2 notice, whereby timing conference is schedule to be held on 17.01.2019 (Serial No.15 in Ext.P2). The petitioner has submitted Ext.P3 objection dated 10.01.2019 before the 1^st respondent and thereafter moved this writ petition seeking a writ of mandamus commanding the 1^st respondent to consider Ext.P3 objection made by the petitioner, while conducting timing conference as per Ext.P2 notice on the request made by the 2^nd respondent.

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

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W.P.(C)No.1109/2019 -3-

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Considering the nature of relief proposed to be granted, service of notice on the 2^nd respondent is dispensed with.

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Learned Government Pleader would submit that the 1^st respondent shall consider Ext.P2 objection made by the petitioner, while considering the request made by the 2^nd respondent for revision of timing in respect of his stage carriage bearing Registration No.KL-10/AH-5132, which is scheduled to be held on 17.01.2019, in terms of Ext.P2 notice (Serial No.15).

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Having considered this submissions made by the learned counsel for the petitioner and also the learned Government Pleader appearing for the 1^st respondent, this writ petition is disposed of by directing the 1^st respondent to consider Ext.P3 objection made by the petitioner as well, while considering the request made by the 2^nd respondent for revision of timing in respect of his stage carriage bearing Registration No.KL-10/AH-5132 on the route Tirur-TanurKunnumpuram-Venniyur, in the timing conference scheduled to be held on 17.01.2019 vide Ext.P2 notice (Serial No.15).

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The petitioner shall serve a copy of Ext.P3 objection to the 2^nd

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W.P.(C)No.1109/2019

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respondent and a memo to that effect shall also be placed before the

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1^st respondent.

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Sd/-

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ANIL K. NARENDRAN JUDGE

VV/14.01.2019

W.P.(C)No.1109/2019

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APPENDIX

PETITIONER'S EXTS:

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EXHIBIT P1 PHOTOCOPY OF THE REGULAR PERMIT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-12-E-6768. EXHIBIT P2 PHOTOCOPY OF THE EXTRACT OF THE NOTICE FOR TIMING CONFERENCE ISSUED BY THE FIRST RESPONDENT DATED 28/12/2018. EXHIBIT P3 PHOTOCOPY OF THE OBJECTION DATED 10/01/2019 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXTS: NIL

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TRUE COPY

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P.A. TO JUDGE

Sidheeque Ullattil v. the Secretary

Case brief

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Sidheeque Ullattil v. the Secretary

Case brief

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