Dismissed
Avarachan v. Rta
Kerala HCWP(C)/13495/2018
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944
WP(C) NO. 13495 OF 2018
PETITIONERS:
1 P.P. AVARACHAN S/O POULOSE, POTHANKANDATHIL HOUSE, OOORAMANA P.O., MUVATTUPUZHA
2 JOSE, S/O VARGHESE KAYYANICKAL HOUSE, THATTEKKAD P.O., KOTHAMANGALAM
BY ADV. SRI.I.DINESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA-686673
2 THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA-6866733 SRI. SHAMSUDHEEN, THOPPIKUDY HOUSE THATTEKKAD, KOTHAMANGALAM-686691
4 THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM-695034
R1 & R2 BY SRI. JOBY JOSEPH, SENIOR GOVERNMENT PLEADER
R4 BY ADV. P.C.CHACKO, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 19.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C.) No. 13495/2018 2
JUDGMENT
This writ petition is filed by the petitioners seeking the following reliefs:-
“i. Issue a writ of certiorari or such other writ in the nature of certiorari, calling for the records relating to Ext P5 decision of the RTA, Muvattupuzha dated 20.01.2018;
ii. issue a writ of mandamus or such other writs, order or direction, directing the respondent RTA, Muvattupuzha to reconsider the application for regular permit on the route Pinavoorkady-Muvattupuzha in respect of SC KL-44 C 3057 after curing the defects in the field officers report;
iii. issue a writ of mandamus or such other writs, order or direction, directing the respondent Secretary, RTA, Muvattupuzha to consider the objections raised by the petitioners in the timings timing conference scheduled to be held on 26.04.2018 as relating to the 3 respondents permit on the route Pinavoorkady-Muvattupuzha in respect of SC KL-44 C 3057;”
“Issue notice to the 3rd respondent by speed post.
W.P.(C.) No. 13495/2018 3
The learned Government Pleader takes notice for the 1st and 2nd respondents. The learned Standing Counsel takes notice for the 4th respondent.
There will be an interim direction to the 2nd respondent to consider the objection preferred by the petitioner in the timing conference scheduled to be held on 26.04.2018. A copy of the objection shall also be served to the 3rd respondent.”
Virtually, the writ petition has become infructuous and is dismissed accordingly.
Sd/-
SHAJI P. CHALY
JUDGE
DCS/19.08.2022
2 issues framed by the court
Whether the writ petition regarding non-consideration of objections in the timing conference became infructuous after four years.
Whether the court should dismiss the petition as the impugned events occurred long ago.
P.P. Avarachan
Jose
The Regional Transport Authority, Muvattupuzha
The Secretary The Regional Transport Authority, Muvattupuzha
Shamsudheen
The Managing Director KSRTC
Shaji P. Chaly
As recorded by the court registry
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