Dismissed

Nafsal Afsal v. V.R. Premkumar.

Kerala HC11 Aug 2023Con.Case(C)/1034/2023

Case brief

AI extract

What is this about?

A three-judge bench constituted to address Writ Petition (C) No. 42878/2022 was convened for a contempt petition arising from non-compliance with interim orders. The court accepted the petitioner's submission regarding the issuance of the vehicle permit with the required variations and conditions, found that the court's judgment has been complied with, and ordered the closure of the contempt petit

What did the court decide?

Contempt petition (Civil Case) is closed.

Nafsal Afsal Vs V.R. Premkumar. — Kerala HC (2023) — LawSathi Research

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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 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
CON.CASE(C) NO. 1034 OF 2023

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AGAINST THE ORDER/JUDGMENTWP(C) 42878/2022 OF HIGH COURT OF KERALA PETITIONER/PETITIONER:

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NAFSAL AFSAL
AGED 47 YEARS, S/O.MUHAMMED KOYA,
VALAPPIL POTTAMMAL HOUSE, CHEEKODE P.O.,
MALAPPURAM DISTRICT., PIN – 673645

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BY ADV
I.DINESH MENON

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RESPONDENTS/RESPONDENTS IN WRIT PETITION:

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1V.R. PREMKUMAR.
DISTRICT COLLECTOR AND CHAIRMAN, REGIONAL TRANSPORT
AUTHORITY, MALAPPURAM, REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., UPHILL, MALAPPURAM.
FATHERS NAME AND AGE IS NOT KNONW TO PETITIONER.,
PIN – 676505

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2R.RAJEEV.
DEPUTY TRANSPORT COMMISSIONER AND MEMBER,
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
UPHILL, MALAPPURAM, PIN – 676505
FATHERS NAME AND AGE IS NOT KNOWN TO THE PETITIONER.,

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3SUJITH DAS
SUPERINTENDENT OF POLICE AND MEMBER,
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., UPHILL, MALAPPURAM, PIN – 676505
FATHERS NAME AND AGE IS NOT KNOWN TO THE PETITIONER.,

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4CVM SHERIF, SECRETARY, REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM, REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., UPHILL, MALAPPURAM.
FATHERS NAME AND AGE IS NOT KNOWN TO THE PETITIONER.,
PIN – 676505

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CON.CASE(C) NO. 1034 OF 2023

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-2-

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5SRI. BIJU PRABHAKAR
MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT
CORPORATION, CHIEF OFFICE, THIRUVANANTHAPURAM.
FATHERS NAME AND AGED IS NOT KNOWN TO
PETITIONER., PIN – 695034

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BY ADV.
SRI.APPU P.S., GP
SRI.DEEPU THANKAN, SC, KSRTC

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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CON.CASE(C) NO. 1034 OF 2023

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-3-

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JUDGMENT

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Petitioner in terms of the judgment of this Court dated 10.01.2023 has submitted an application dated 05.07.2023 Ext.R4(b) which reads as follows:

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“From

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Nafsal Afsal

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S/o Muhammed Koya Valappil Pottammal House Cheekkode

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RTO Malappuram

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I had been applied for renewal of permit and permit variation in respect of the stage carriage KL 10 BC 7655 owned by me, operating on the route Palakkad -Kozhikkode with the strength of regular permit 10/sc/2019/8 (old permit number 10/622/1966). (The Variation application was submitted to limit the entire route length below 140 km). The application was sanctioned in RTA Malappuram dtd 08/06/2023 as per circulation. As per the decisión I am producing the current records of the vehicle. And I here declare that I am willing operate the service as per the terms and conditions of the notification in GO (p) no 13/2023 dtd 03-05- 2023. Since I have been produced the current records, hence I request you to endorse the renewal and variations in permit and to issue the permit to me.

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Malappuram Signed Sri.Nafsal Afsal 05-07-2023 With thumb impression”

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CON.CASE(C) NO. 1034 OF 2023

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-4-

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The said application has been accepted and a permit

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Ext.R4(a) has been issued with effect from 05.03.2023 to 04.03.2026 with the following route:

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“VIA KONDOTTY, VALLUVAMBRAM, MALAPPURAM, PERINTALMANNA, MANNARKKAD, TOUCHING MANJERI VIA KONDOTTY AND VALLUVAMBRAM AS SOS NOW THE VEHICLE SHOULD BE OPERATING SERVICE SUBJECT TO THE 1 CLAUSE 4 AND 5B OF THE NOTIFICATION IN GO.P.NO.13/2023/TRANS, DTD, 3.05.2023 IN S.R.O. NO.537 2023 HALTING PLACE CHANGED FROM MANJERI TO KONDOTTY ROUTE LENGTH LIMITED TO BELOW 140 KM AS PER RTA DECISION BY CIRCULATION DTD 08.06.2023.”

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I am of the view that there is compliance of the

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judgment of this Court as the permit has been issued in terms of the undertaking given by the petitioner for variation of the permit limitting upto 140 kms. Contempt Petition is ordered to be closed.

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Sd/-
AMIT RAWAL
JUDGE

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vv

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CON.CASE(C) NO. 1034 OF 2023

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-5-

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APPENDIX OF CON.CASE(C) 1034/2023

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RESPONDENT ANNEXURES

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Annexure R4(a)A TRUE COPY OF THE PERMIT ISSUED BY
THE RTO MALAPPURAM DATED 10/07/2023
Annexure R4(b)A TRUE COPY OF THE REQUEST LETTER
SUBMITTED BY THE PETITIONER DATED
05/07/2023 ALONG WITH ITS TRANSLATED
COPY

Nafsal Afsal v. V.R. Premkumar.

Case brief

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Nafsal Afsal v. V.R. Premkumar.

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