Disposed

Binoy v. the Regional Transport Authority

Kerala HC15 Feb 2022WP(C)/3863/2022

Case brief

AI extract

What is this about?

The court held that rival operators, being interested persons, are entitled to notice and an opportunity of hearing during the settlement of permit timings, and directed the RTA to convene a conference within two months.

What did the court decide?

Directing the 1st respondent to convene a timing conference with due notice to additional respondents 3 and 4 and other interested operators within two months.

Binoy Vs the Regional Transport Authority — Service and Employment | 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 SATHISH NINAN

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TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943

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WP(C) NO. 3863 OF 2022

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PETITIONER:

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BINOY AGED 45 YEARS S/O. JUSA, PULICKAL HOUSE, ELANTHIKARA P. O., PUTHENVELIKKARA, PIN - 683594.

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BY ADV M.JITHESH MENON

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RESPONDENTS:

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1 THE REGIONAL TRANSPORT AUTHORITY ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682 030, REPRESENTED BY ITS SECRETARY.

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2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI - 682 030.

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*ADDL.R3 ANAS.K.K S/O ABDUL KADIR, KUTTAKATH HOUSE, PERUVARAM, NORTH PARAVUR, PIN – 683520. *ADDL.R4 C.K.SAJEEV S/O KUTTAN, CHAKKANALIL HOUSE, SOUTH ADUVASSERY PO, NORTH PARAVUR, PIN – 683578.

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*[ADDL. R3 & R4 ARE IMPLEADED AS PER ORDERS OF THIS COURT DATED 15.02.2021 IN I.A.1/2022 IN WPC 3863/2022]

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BY ADV PRASAD CHANDRAN SRI. BIMAL. K. NATH SR. G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.3863 of 2022

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= = = = = = = = = = = = = = = = = = Dated this the 15^th day of February, 2022

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J U D G M E N T

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The petitioner has been granted a regular permit as

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per Ext.P2 proceedings, subject to settlement of timings. Though the grant was on 28.10.2021, the timings

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have not yet been settled and permit issued, is the grievance of the petitioner.

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Additional respondents 3 and 4 are rival operators. They also seek for an opportunity of hearing while settling the timings of the petitioner. Being rival operators/interested persons, they are also entitled for notice.

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Writ petition is disposed of directing the first respondent to convene a timing conference and have the timings of the petitioner settled with due notice to additional respondents 3 and 4 and other interested/ affected operators, as expeditiously as possible and at any rate within a period of two months from the date of

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W.P.(C) No.3863 of 2022

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-: 2 :-

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receipt of a copy of this judgment. If circumstances warrant it shall be open for the authority to have the meeting convened in virtual mode.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 3863/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE APPLICATION FOR A PERMIT SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM P.ST.S.A. DATED 03.01.2020 WITH THE PROPOSED TIMINGS. Exhibit P2 TRUE EXTRACT OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 28.10.2021. Exhibit P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-09/AA.0007. Exhibit P4 TRUE COPY OF THE LETTER PRODUCING THE CURRENT RECORDS DATED 27.12.2021.

Binoy v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Binoy v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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