Dismissed

Lissy Thomas v. the Regional Transport Officer

Kerala HC3 Sept 2021WP(C)/5837/2021

Case brief

AI extract

What is this about?

In a writ petition filed by stage carriage operators alleging unauthorized parallel services, the High Court directed the second respondent to consider pending representations, notify alleged violators, and take appropriate action to prevent illegal plying.

What did the court decide?

Directed the second respondent to consider representation Ext.P12, put alleged violators on notice, and take appropriate action to prevent illegal parallel operators.

Lissy Thomas Vs the Regional Transport Officer — Service and Employment | Kerala HC (2021)

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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 SATHISH NINAN

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FRIDAY, THE 3^RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943

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WP(C) NO. 5837 OF 2021

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PETITIONERS:

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1 LISSY THOMAS AGED 55 YEARS W/O.THOMAS, MUNTHARINGATTUKUNNEL HOUSE, POOLAKUTY P.O., KANNUR DISTRICT, PIN-670650.

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2 NIDHIN.T., AGED 38 YEARS S/O.VASU, THIKKAL HOUSE, CHETTIYAMPARAMBA P.O., PARATHODE, KANNUR DISTRICT, PIN-670674.

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3 VIPIN, AGED 35 YEARS S/O.PAVITHRAN, NJANDADIYIL HOUSE, KANNAVAM P.O., KANNUR DISTRICT, PIN-670650.

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4 SHOBHANA, AGED 57 YEARS W/O.SADASIVAN, VENGATTU HOUSE, KELAKAM PO., PERUMNTHANAM, KANNUR DISTRICT, PIN-670674.

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5 SURESHAN M.K., AGED 60 YEARS S/O.K.NARAYANAN, KUNNUMPURATH HOUSE, THILANNUR P.O., THAZHE CHOVVA, KANNUR, PIN-670018.

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6 BIJOY, AGED 45 YEARS S/O.BALAN E.K., BALVIHAR, THRIKKARIPPUR P.O., KASARAGOD DISTRICT.

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7 TOMY K.P., AGED 50 YEARS S/O.POULOSE K.V., KALATHINAMATTATHIL HOUSE, KELAKAM P.O., KANNUR DISTRICT, PIN-670674.

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BY ADV P.T.ABHILASH

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RESPONDENTS:

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1 THE REGIONAL TRANSPORT OFFICER OFFICE OF THE REGIONAL TRANSPORT OFFICE, CIVIL STATION, COLLECTORATE ROAD, TALAP, KANNUR, PIN-670002.

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WP(C) NO. 5837 OF 2021 -2-

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2 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, NERAMBOKKU, IRITTY, KANNUR DISTRICT-670703. 3 THE INSPECTOR OF POLICE (SHO), KELAKAM POLICE STATION, KELAKAM, KANNUR DISTRICT, PIN670674. BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.5837 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 3^rd day of September, 2021

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J U D G M E N T

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The petitioners, who are stage carriage operators

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through the route Kelakam-Adakkathode, Kelakam Panchayat in Kannur District, allege conduct of parallel passenger services like taxi, jeeps, autorickshaws and motor cabs through the route without any permit. The illegal and unauthorised parallel services affects/interferes with the rights of the petitioners. It is accordingly that the petitioners have approached this Court seeking action to be taken against the violators.

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The learned Government Pleader, on instructions,

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submits that, the petitioners allegations prima facie appears to be of substance and that appropriate action shall be taken on Ext.P12 representation pending before the second respondent. I do notice that none of the alleged violators are in the party array.

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W. P. (C) No.5837 of 2021 -: 2 :-

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In the light of the above, the writ petition is disposed of directing the second respondent to consider Ext.P12 representation, put the representatives of the alleged violators on notice, and take appropriate action

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to ensure that illegal parallel carriage operators are not plying.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 5837/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE NEWS PUBLISHED IN DAILY NEWS PAPER MATHRUBHOOMI DATED 25.11.2019.
EXHIBIT P2	TRUE COPY OF THE REPRESENTATION DATED 26.09.2018 SUBMITTED BY THE 7TH PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE COMPLAINT DATED 28.02.2019 SUBMITTED BY THE 7TH PETITIONER BEFORE THE OFFICE OF THE 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE REPRESENTATION DATED 30.07.2019 SUBMITTED BY THE SECRETARY, KANNUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, IRITTY TALUK UNIT BEFORE THE SUB-INSPECTOR OF POLICE, KELAKAM.
EXHIBIT P5	PHOTO COPY OF THE JUDGMENT DATED 20.07.2009
	OF HON'BLE HIGH COURT OF KERALA IN W.P. (C)NO.6401/2009.
EXHIBIT P6	TRUE COPY OF THE NOTICE PUBLISHED IN THE OFFICE OF THE RTO, KASARAGOD, IN PURSUANT EXT.P5 JUDGMENT.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION DATED 04.07.2019, SUBMITTED BY THE PRESIDENT,
	KANNUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION, IRITTY TALUK UNIT BEFORE THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 11.07.2019 SUBMITTED BY THE BUS OWNERS BEFORE THE DEPUTY TRANSPORT COMMISSION, KOZHIKODE.
EXHIBIT P9	PHOTO COPY OF THE JUDGMENT DATED 15.05.2018 OF THE HON'BLE HIGH COURT OF KERALA IN W.P. (C)NO.15351/2018.
EXHIBIT P10	TRUE COPY OF THE COMPLAINT DATED 08.10.2019
	SUBMITTED BY THE 7TH PETITIONER BEFORE THE SUB-INSPECTOR OF POLICE, KELAKAM.

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APPENDIX/ WP(C) 5837/2021

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-2EXHIBIT P11 PHOTO COPY OF THE JUDGMENT OF THE HIGH COURT OF KERALA IN W.P.(C)NO.30013/2009 DISPOSED ON 14.12.2009. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 02.03.2021 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

Lissy Thomas v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Lissy Thomas v. the Regional Transport Officer

Case brief

What is this about?

What did the court decide?

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