The High Court disposed of a writ petition challenging a traffic regulation proposal. It directed the Regional Transport Authority to decide on the proposal expeditiously within one month after a hearing.
Direction to the 2nd Respondent to take a decision on the proposal within one month after hearing affected parties.
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 DINESH KUMAR SINGH WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945
WP(C) NO. 11663 OF 2022
PETITIONER/S:
BY ADVS.
K.V.GOPINATHAN NAIR chitra
RESPONDENT/S:
W.P.(C) No.11663/2022
-2-
BY ADV SHRI.K.A.JALEEL, SC, KONDOTTY MUNICIPALITY
OTHER PRESENT:
JOBY JOSEPH-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.11663/2022
-3-
J U D G M E N T
The present writ petition under Article 226 of the
Constitution of India seeking the following reliefs:
“i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 and 3 not to implement Exhibit P2 proposal made by the 1st respondent by insisting diversion with operation of stage carriages in Kondotty, so long as the same is not approved or allowed by the 2nd respondent, Regional Transport Authority, in the interest of justice;
ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents permitting to continue the operation of stage carriages operating at Kondotty as they are operating so far, without insisting diversion as shown in Exhibit.P2forthwith, in the interest of justice;
iii) to issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case.”
2. The petitioners are existing stage carriage
operators. They are operating their services passing and
W.P.(C) No.11663/2022
-4-
halting at Kondotty in Malappuram District. A new road connecting Kondotty 17th mile and Kuruppathu Junction was constructed. All stage carriage operators halting and operating through Kondotty were allowed to operate through the new road using the bus stand already constructed by the Municipality.
2.1 The 1st respondent convened a conference on 11.02.2022 and submitted a proposal suggesting a change in the traffic regulation. It was suggested that all mini vehicles coming from Kozhikode, Ramanattukara and nearby places should divert from Kondotty 17th mile and proceed through the Old Pazhayangady Road and reach Kuruppathu Junction. It was further directed to proceed to the bus stand through Kondotty Chungam. The petitioners found that this proposal caused many traffic jams, disrupting the timings and causing inconvenience to the stage carriage operators as well as the
W.P.(C) No.11663/2022
-5-
public. They made a representation before the Chairman of the 2nd respondent requesting to retain the existing traffic regulation through Kondotty in Ext.P3.
W.P.(C) No.11663/2022
-6-
opportunity of hearing to the affected parties. Such a decision must be taken within a period of one month.
With the aforesaid direction, the present writ petition
stands disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
jjj
W.P.(C) No.11663/2022
-7-
APPENDIX OF WP(C) 11663/2022
PETITIONER EXHIBITS
| Exhibit P1 | A ROUGH SKETCH OF THE ROUTE KOZHIKODE- MALAPPURAM. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE PROPOSAL SUBMITTED IN THE MEETING HELD ON 11.2.2022. |
| Exhibit P3 | TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE CHAIRMAN OF THE 2ND RESPONDENT DATED 23.2.2022. |
| Exhibit P4 | TRUE COPY OF THE NEWS PAPER REPORT IN MALAYALA MANORAMA DAILY DATED 12.2.2022. |
| Exhibit P5 | TRUE COPY OF THE REPLY OBTAINED BY THE 1ST PETITIONER. |
| Exhibit P6 | TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.31567 OF 2015 DATED 16.10.2015. |
| Exhibit P7 | TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DATED 17.10.2023 WITH ENGLISH TRANSLATION |
| Exhibit P8 | TRUE COPY OF THE INTIMATION SUBMITTED 21.10.2023 |
2 issues framed by the court
Whether the writ petition should be disposed of without issuing interim relief regarding traffic regulation changes.
What direction should be issued to the Regional Transport Authority regarding the pending proposal for traffic diversion.
1 provisions across 1 enactments
MOHAMMED SAMEER T.V and others
THE TRAFFIC REGULATORY COMMITTEE KONDOTTY
THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
STATION HOUSE OFFICER, KONDOTTY POLICE STATION
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
