Disposed

Nassar Hussain v. the Secretary

Kerala HC17 Jan 2019WP(C)/732/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition directing the Regional Transport Authority to consider objections filed by petitioners alongside a change of timing request by a third party during a scheduled timing conference.

What did the court decide?

Directed the R.T.A. to consider petitioners' objections against the user's timing revision request in the conference scheduled for 30.01.2019.

Nassar Hussain 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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THURSDAY ,THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

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WP(C).No. 732 of 2019

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PETITIONER/S:

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1 NASSAR HUSSAIN, KOORIMANNIL MELEMANNIL HOUSE, ANAPPARA, PERIMBALAM P.O., ANAKKAYAM, MALAPPURAM.

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2 SIRAJUDEEN,

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CHERIKKODE, MARIYAD P.O., MALAPPURAM.

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENT/S:

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1 THE SECRETARY, REGIONAL TRANSPORT AUHTORITY, MALAPPURAM - 676 505.

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2 SHIHABUDEEN, S/O.ALAVI, POOLAKKUNNAN HOUSE, THURAKKAL P.O., MANJERI, MALAPPURAM - 673 638.

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OTHER PRESENT:

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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 17.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

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The 1^st petitioner, who is the holder of a

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regular permit on the route Manjeri-Kozhikode Medical College, in respect of a stage carriage bearing registration No.KL-10/AT-3031 and the 2^nd petitioner, who is the holder of regular permit on the route Nilambur-Kozhikode, in respect of a stage carriage bearing registration No.KL-08/BJ1106 have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1^st respondent to consider Exhibit.P1 and Exhibit.P2 objections submitted by the petitioners against the request of the 2^nd respondent, who is the holder of a regular permit for change of timings in respect of his stage carriage KL-05/X-9189, on the route Pilakkel-Manjeri-Kozhikode (via) Kondotty in the timing conference scheduled on 30.01.2019, after affording an opportunity of being heard to the petitioners in the interest of justice.

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2. On 10.01.2019 when this writ petition

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W.P.C.732/2019

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

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3. Heard the learned counsel for the petitioners and also the learned Senior Government Pleader for the 1^st respondent. Considering the nature of relief proposed to be granted, service of notice on 2^nd respondent is dispensed with.

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4. The learned senior Government Pleader, on instructions, would submit that the 1^st respondent shall consider Exts.P1 and P2 objections made by the petitioners as well, while considering the request made by the 2^nd respondent for revision of timing in respect to his stage carriage bearing registration No.KL05/X-9189 on the route Pilakkel-ManjeriKozhikode (via) Kondotty, in the timing conference scheduled to be held on 30.01.2019, as per Ext.P3 notice.

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W.P.C.732/2019

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5. In such circumstances, this writ

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petition is disposed of by directing the 1^st respondent to consider Exts.P1 and P2 objections made by the petitioners on the request made by the 2^nd respondent for revision of timing in respect of his stage carriage bearing registration No.KL-05/X-9189, in the timing conference scheduled to be held on 30.01.2019, in terms of Ext.P3.

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Petitioners shall serve a copy of Exts.P1 and P2 to the 2^nd respondent forthwith, and a memo 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

W.P.C.732/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER DATED 31/10/2018.

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EXHIBIT P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 2ND PETITIONER DATED 31/10/2018.

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EXHIBIT P3 TRUE COPY OF THE NOTICE WITH REGARD TO THE TIMING CONFERENCE SCHEDULED TO 30/1/2019.

Nassar Hussain v. the Secretary

Case brief

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Nassar Hussain v. the Secretary

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