Disposed

K.Dheeran Lal v. the Secretary, Regional Transport Authority

Kerala HC18 Nov 2022WP(C)/36996/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by carriage permit holders challenging a timing conference notice. Addressing fears that their objections would be ignored, the court directed the 1st respondent to consider objections from all affected parties.

What did the court decide?

Direction to the 1st respondent to consider objections of the petitioners and all other affected parties regarding allotment of schedule time.

K.Dheeran Lal Vs the Secretary, Regional… — Public Procurement and Tenders | Kerala HC (2022)

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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 AMIT RAWAL

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FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944

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WP(C) NO. 36996 OF 2022

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PETITIONERS:

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K.DHEERAN LAL,
MANIMANDIRAM,
K.M.S.MOTORS, THAMPANNUR ROAD,
ATTINGAL P.O., THIRUVANANTHAPURAM,
PIN-695 101

¶8

GEETHA THILAKAM.J.V,
GEETHA BHAVAN, KALLUVATHUKKAL PO, KOLLAM,
PIN-691 578.

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BY ADV O.D.SIVADAS

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RESPONDENTS:

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1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KOLLAM, PIN 691 013

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2 ANEESHKUMAR, LAKSHMI VILLAS, CHADAYAMANGALAM P.O., KOTTARAKKARA, KOLLAM, PIN 691 534

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3 MURALIDHARAN NAIR, SILPA NIVAS, KADAMKODE, KULATHUPUZHA, KOLLAM DISTRICT, PIN 691 310

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 36996 OF 2022 -2-

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JUDGMENT

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Petitioners have approached this Court with the following prayers:

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“i) call for records leading to Ext.P5 notice of timing conference of conference and quash Ext.P5 by issuing a writ of certiorari.

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ii) Issue appropriate order or direction to the 1^st respondent to consider the objections the petitioners before convening the timing conference and further action in the matter.

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iii) grant such other reliefs which this Honourable court just and fit in the circumstances of the case.”

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1^st Petitioner is the holder of a contract

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carriage permit bearing No.KL35 8362 conducting the service on route Varkala-Madathara. Vide Ext.P6 had submitted objections dated 07.11.2022 in respect of the allotment of time which was held on 10.11.2022 now it is posted for 19.11.2022 and has an apprehension that the objections will not be considered and it may not prejudice the right of the petitioners.

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WP(C) NO. 36996 OF 2022 -3-

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Issue notice to respondents. Mr.Sunil

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Kuriakose, learned Government Pleader accepts notice and submits that the apprehension expressed by the petitioners is far-fetched as the officers dealing with the allotment of the schedule time would always take into consideration the objections also. They would not be averse in looking into the objections not only of the petitioners, but all other similarly situated persons.

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Writ petition is disposed of with a direction to the Secretary, Regional Transport Authority, Kollam to take a call on the objections of the petitioners with regard to the allotment of schedule time and of all other affected parties who may appear or may have to appear or had filed any objection in the meeting scheduled for tomorrow or any other adjourned date, in accordance with law.

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Sd/-

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 36996 OF 2022 -4-

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APPENDIX OF WP(C) 36996/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE TIME SHEET IN RESPECT
OF THE 1ST PETITIONER'S STAGE
CARRIAGE, CONDUCTING SERVICE ON THE
ROUTE VARKKALA - MADATHARA. DTD
23.4.13
Exhibit P2TRUE COPY OF THE TIME SHEET IN RESPECT
OF STAGE CARRIAGE CONDUCTING SERVICE
ON THE ROUTE PARIPPALLY ESI MEDICAL
COLLEGE- MADATHARA. DD 30-5-17
Exhibit P3TRUE COPY OF THE TIMING ALLOTTED IN
RESPECT OF STAGE CARRIAGE OF THE 2ND
RESPONDENT CONDUCTING SERVICE ON THE
ROUTE KOLATHUPUZHA- ANCHAL - AAYOOR-
VARKALA. DTD 5.8.05
Exhibit P4TRUE COPY OF THE JUDGMENT DATED
17.10.2022 IN W.P. (C) NO.32919/2022,
ON THE FILES OF THIS HON'BLE COURT.
Exhibit P5TRUE COPY OF THE NOTICE OF THE TIMING
CONFERENCE DATED 8.11.2022 ISSUED BY
THE 1ST RESPONDENT.
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED
7.11.2022 SUBMITTED BY THE 1ST
PETITIONER, BEFORE THE 1ST RESPONDENT
WITH TRANSLATION.
Exhibit P7TRUE COPY OF THE REPRESENTATION DATED
8.11.2022 SUBMITTED BY THE 2ND
RESPONDENT, BEFORE THE 1ST
RESPONDENT .

K.Dheeran Lal v. the Secretary, Regional Transport Authority

Case brief

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K.Dheeran Lal v. the Secretary, Regional Transport Authority

Case brief

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