Disposed
Johnson Payyappilly v. the State of Kerala
Kerala HCWP(C)/11210/2020
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
WP(C) NO. 11210 OF 2020
PETITIONER:
JOHNSON PAYYAPPILLY AGED 60 YEARS
S/O PAULOSE, PAYYAPPILLY HOUSE, MURINGOOR, KINFRA PARK P.O.CHALAKKUDY 680 309, GENERAL SECRETARY, ALL KERALA BUS OPERATORS FORUM, CHALAKKUDY UNIT, REG NO 199/2012, P.J.COMPLEX, NIRMALA COLLEGE ROAD, CHALAKKUDY-680 307.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
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WP(C) NO. 11210 OF 2020
8 ADDL R8, MATHEWS CHERIAN, PARAKULATHU HOUSE, KARIKULAM P.O, RANNI, PATHANAMTHITTA689 6673. ADDL R4 TO R8 IMPLEADED IN THE WP(C) AS PER ORDER DATED 21-10-2021 IN IA 3/2020 IN THE WP(C)11210/2020
BY ADV STALIN PETER DAVIS
BY SR.GOVT.PLEADER:SMT.MABLE.C.KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 11210 OF 2020
JUDGMENT
Petitioner and additional respondents 4 onwards are stage carriage operators. Seeking enhancement / increase in the fares, they have submitted Exts.P4 and P6 representations before the Government. Lockdown
restrictions, hike in fuel prices etc are the reasons projected for seeking increase in fare. They also refer to Ext.P5 recommendations given by the Fare Revision Committee. It is for the 1st respondent to pass appropriate orders on the representations.
Without expressing anything on the merits, the writ petition is disposed of directing the 1st respondent to
pass appropriate orders on Exts.P4 and P6 representations, as expeditiously as possible, after affording an opportunity of hearing to the petitioner as also the additional respondents.
Sd/-
SATHISH NINAN
JUDGE
rsr
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WP(C) NO. 11210 OF 2020
APPENDIX OF WP(C) 11210/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE GOVERNMENT ORDER VIDE GO (P) NO 26/2020 DATED 19.5.2020 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE NOTIFICATION VIDE GO(P) NO 29/2020/TRANS DATED 2.6.2020 |
| EXHIBIT P3 | TRUE COPY OF THE GO(P) NO 4/2018/TRANS DATED 26.2.2018 |
| EXHIBIT P4 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER |
| ADDL.EXHIBIT P5 | TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE GOVERNMENT 25.06.2020. |
| ADDL.EXHIBIT P6 | TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O.(P) NO.37/2020/TRANS DATED 02.07.2020. |
| ADDL.EXHIBIT P7 | TRUE COPY OF THE REPRESENTATION DATED 10.08.2020 SUBMITTED BY THE PETITIONER AS THE GENERAL SECRETARY OF ALL KERALA BUS OPERATORS FORUM. |
| ADDL.EXHIBIT P8 | TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 18.08.2020 |
| ADDL.EXHIBIT P9 | TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O. (MS)NO.61/2010/TRANS DATED 19.08.2020. |
JOHNSON PAYYAPPILLY
THE STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT, MOTOR VEHICLES DEPARTMENT
THE TRANSPORT COMMISSIONER
THE FARE REVISION COMMITTEE
ADDL R4 P.J.JOSHY
ADDL R5 T.J.RAJU
SATHISH NINAN
As recorded by the court registry
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