Petitioner conductor challenged scheduling and licensing practices regarding stage carriage permits. Court dispensed with notice to the driver respondent and directed the RTO to consider the complaint within two months.
Direction to the 2nd respondent to consider the petitioner's complaint within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 20369 OF 2022
PETITIONER/S:
RIJU.K. AGED 41 YEARS S/O. K. MOHANAN, KUZHUPPILLY HOUSE, VARAKKARA (P.O), POOKKODU, THRISSUR DISTRICT, PIN 680 505.
BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP NEETHU C.V.
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY THRISSUR, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN 680 003.
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN 680 003.
GOVERNMENT PLEADER SRI.JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20369 OF 2022
2
JUDGMENT
The petitioner is a conductor and Manager of the stage carriage bearing registration No. KL-42A-9510 which is covered by regular permit on the route Karikkulam-Ayyanthole via Palappilly-VarandarapillyAmballur-Ollur and Thrissur.
carriage bearing registration No. KL-53-1194 on the route Irinjalakkudan-Thrissur via NedumbalNandikkara-Pudukkad-Amballur-Ollur. According to the petitioner, the destination point for the two vehicles is to Thrissur from Amballur. It is stated that the petitioner's vehicle has to ply 16 km to reach Thrissur and the 4th respondent has to ply 24 kilometers to reach Thrissur. According to the petitioner, the ordinary stage carriage services in the
WP(C) NO. 20369 OF 2022
3
State are allotted with 2.5 minutes time to travel a single kilometer. Therefore, both the vehicles depart from Amballur at the same time and the 4th
respondent's vehicle would reach the destination only after 20 minutes.
respondent is at present operating the vehicle in such a manner so as to reach the destination along with the petitioner's vehicle. The petitioner has therefore filed Ext.P1 complaint before the 2nd respondent. The grievance of the petitioner is that 2nd respondent has not yet considered Ext.P1 complaint.
as well as the learned Government Pleader for the respondents. In the nature of the direction I propose
to issue notice to the 4th respondent is dispensed
WP(C) NO. 20369 OF 2022
4
with.
instructions submits that the 2nd respondent has already called for a report from the RTO, Irinjalakkuda on Ext.P1 complaint and that a decision
will be taken on Ext.P1 complaint without delay.
Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to consider Ext.P1 complaint submitted by the petitioner after notice to the 4th respondent expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-
WP(C) NO. 20369 OF 2022
5
APPENDIX OF WP(C) 20369/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 05.05.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSLATION. Exhibit P2 TRUE COPY OF THE TIME SCHEDULE DISPLAYED IN THE NOTICE BOARD OF THE 3RD RESPONDENT. Exhibit P3 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT SHOWING THE TOTAL DISTANCE FROM IRINJALAKKUDA TO AMBALLUR. Exhibit P4 TRUE COPY OF THE TIME SCHEDULE ALLOTED TO THE PETITIONER'S SERVICE.
2 issues framed by the court
Whether the Regional Transport Authority should expeditiously consider the petitioner's complaint regarding stage carriage scheduling.
Whether notice to the fourth respondent is necessary for the disposal of the petition.
RIJU.K.
REGIONAL TRANSPORT AUTHORITY THRISSUR
TITTO A.T
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
