Disposed

Muhammed Shafi K., v. the Regional Transport Authority

Kerala HC1 Aug 2023WP(C)/17990/2023

Case brief

AI extract

What is this about?

Petitioners challenged the adjournment of their regular permit applications alleging discrimination. The High Court directed the Regional Transport Authority to consider the applications in the next meeting or within six weeks.

What did the court decide?

Direction to the 1st respondent to consider the applicants' applications for fresh regular permit in the next RTA meeting or within six weeks.

Muhammed Shafi K., Vs the Regional Transport Authority — Service and Employment | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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TUESDAY, THE 1^ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945

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WP(C) NO. 17990 OF 2023

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PETITIONER/S:

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1 MUHAMMED SHAFI K., AGED 35 YEARS

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S/O BEERAN, KALATH HOUSE, KARUVANTHIRUTHI, FEROKE, KOZHIKODE,KERALA., PIN - 673631

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2 FAREEDA K., AGED 32 YEARS

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W/O MUHAMMED SHAFI K., KALATH HOUSE, KARUVANTHIRUTHI, FEROKE, KOZHIKODE,KERALA-676631., PIN - 673631

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BY ADV SAJEEV KUMAR K.GOPAL

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, MALAPARAMBA PO, KOZHIKODE., PIN - 673020

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2 SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, MALAPARAMBA PO, KOZHIKODE -673020., PIN - 673020

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17990 OF 2023 : 2 :

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JUDGMENT

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The petitioners are husband and wife. They have submitted applications for regular permits on the intra district routes Feroke – Chaliyam via Karuvanthuruthi and Government Taluk Hospital Feroke – Kadalundikadav – Puttekkad via, Feroke – Chaliyam respectively, as ordinary services. The Field Officer submitted reports recommending issuance of permit. However, by Exts.P1 and P6 decisions, the consideration of the said applications was adjourned for obtaining detailed specific frequency report of the applied route from the Field Officer and the RTA directed to place the matter in the next RTA meeting.

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According to the petitioners, though the applications for regular permit of other operators were considered in the very same meeting, the applications of the petitioners alone were adjourned calling for further reports. This, according to the petitioners, is discriminatory and the

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WP(C) NO. 17990 OF 2023 : 3 :

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petitioners pray for a direction to the 1^st respondent to consider and pass orders on their applications for regular permits, without further delay.

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A statement has been filed on behalf of the 2^nd respondent, wherein it is stated that no discrimination is meted out to the petitioners and that the decision to grant permit to other operators have been taken on the basis of the facts of their applications and the regular permits were issued to them to operate on different routes and not on identical routes.

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Heard the learned counsel for the petitioners and the learned Government Pleader.

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Learned Government Pleader, on instructions, submits that the applications of the petitioners for regular permit will be considered by the 1^st respondent in the next meeting of the RTA and a decision will be taken thereon.

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In the facts and circumstances of the case and taking note of the submissions made across the Bar, the writ

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WP(C) NO. 17990 OF 2023 : 4 :

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petition is disposed of with a direction to the 1^st respondent to consider the applications of the petitioners for fresh regular permit in the next meeting of the RTA or at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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WP(C) NO. 17990 OF 2023 : 5 :

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.3 AND 4 OF THE MEETING HELD ON 11-04-2023
Exhibit P2	TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.5 OF THE MEETING HELD ON 11-04- 2023
Exhibit P3	TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.6 OF THE MEETING HELD ON 11-04- 2023
Exhibit P4	TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.11 OF THE MEETING HELD ON 11- 04-2023
Exhibit P5	TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 30-05-2023
Exhibit P6	TRUE COPY OF THE DECISION OF RTA KOZHIKODE IN THE MEETING HELD ON 11-04-2023 PERTAINING TO ITEM NO.3 AND 4
Exhibit P7	TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE 1ST PETITIONER DATED 16-03-2023
Exhibit P8	TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE 2ND PETITIONER DATED 16-03-2023
Exhibit P9	TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 24-02-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.11 OF THE MEETING HELD ON 11-04-2023 NAMELY SRI.NIHAL C.V.
Exhibit P10	TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 23-02-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.5 OF THE MEETING HELD ON 11-04-2023 NAMELY SRI.VEERANKUTTY P.P.
Exhibit P11	TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 28-03-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.SUPPLEMENTARY 6 OF THE MEETING HELD ON 11-04-2023 NAMELY SELMAT

Muhammed Shafi K., v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Muhammed Shafi K., v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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