Writ petition challenging transport-related orders was dismissed after the court held that no substantive issue survived, directing the appellate authority to consider the pending appeal expeditiously.
Writ petition dismissed; appellate authority directed to consider the appeal expeditiously in accordance with law.
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
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
WP(C) NO. 19858 OF 2023
PETITIONER:
SAIDALAVI T.P.,
AGED 45 YEARS, S/O KOYA T.P.,
KUDUMPATHODI HOUSE, NEETTANIKKAL,
THURAKKAL P.O, MALAPPURAM, PIN – 673638.
BY ADVS.
SRI. P.DEEPAK
SMT. NAZRIN BANU
RESPONDENT:
1THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, CIVIL STATION,
PALAKKAD, PIN – 678001.
2THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, PALAKKAD,
CIVIL STATION, PALAKKAD, PIN – 678001.
3K.A. HASEENA,
W/O ABDUL RAHIMAN, KURUVAMPADAM HOUSE,
KONIKUZHI P.O, OTTAPALAM,
PALAKKAD, PIN – 678632.
4THE STATE TRANSPORT APPELLATE TRIBUNAL,
ERNAKULAM, KOCHI, PIN – 682011.
5ABDUL RAFEEQUE.C.K.,
S/O. MUHAMMED C.K.,AGED 45 YEARS,
KUDUKKIL HOUSE, ANDIYOORKUNNU,
VALIYAPARAMBA (PO)., PULICKAL, MALAPPURAM- 673637.
(IMPLEADED AS PER ORDER DATED 17.08.2023
IN IA 1/2023 IN WP(C))
BY ADV
SRI. K.V.GOPINATHAN NAIR
SRI. S. GOPINATH (SR.) - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19858 OF 2023
2
DINESH KUMAR SINGH, J.
W.P.(C) No.19858 of 2023
Dated this the 8th day of September, 2023
JUDGMENT
i. Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibit P-10 and quash the same.
ii. Issue a Writ in the nature of mandamus or such other writ, order or direction commanding the 2nd respondent to forthwith comply with Exhibit P-8 order of the STAT in MP No.914 of 2023 in MVAA No.19 of 2023 and validate Exhibit P-1 permit under Section 214 (2) of the Motor Vehicles Act, 1988 pending disposal of MVAA No.19 of 2023 as ordered by the STAT.
iii. Issue such other writ order or direction as this Honorable Court may deem fit and apposite in the facts and circumstances of the case.
2. It is admitted on behalf of the parties that they have
preferred an appeal before the appellate authority against Exhibit P-4 order.
WP(C) NO. 19858 OF 2023
3
hereby dismissed. The appellate authority is directed to consider the appeal expeditiously in accordance with law.
Sd/DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 19858 OF 2023
4
APPENDIX OF WP(C) 19858/2023
PETITIONER’S EXHIBITS
EXHIBIT P1 |
TRUE COPY06.07.2017 |
OF THE REGULAR PERMIT ISSUED ONON THE ROUTE MAVOOR-CHITTUR |
|---|---|---|
EXHIBIT P2 |
TRUE COPYRESPONDENT2ND RESPOND |
OF THE REPRESENTATION OF THE 3RDDATED 22.09.2022 ADDRESSED TO THEENT |
EXHIBIT P3 |
TRUE COPYIN WPC NO: |
OF THE JUDGMENT DATED 16/09/202226117 OF 2022 |
EXHIBIT P4 |
TRUE COPYRESPONDENT |
OF THE DECISION OF THE 1STDATED 11.11.2022 |
EXHIBIT P5 |
TRUE COPYMVAA NO: 19 |
OF THE MEMORANDUM OF APPEAL INOF 2023 WITHOUT EXHIBITS |
EXHIBIT P6 |
TRUE COPYM/P NO: 914 |
OF THE AFFIDAVIT AND PETITION INOF 2023 |
EXHIBIT P7 |
TRUE COPYTHE OFFICINO: 19 OF10.04.2023, |
OF THE 'DAILY STATUS' UPLOADED INAL WEBSITE IN RELATION TO M.V.A.A2023 FOR THE DATES 24.01.2023,25.04.2023 AND 03.05.2023 |
EXHIBIT P8 |
TRUE COPYM/P NO: 914 |
OF THE ORDER DATED 09.05.2023 INOF 2023 IN MVAA NO: 19 OF 2023 |
EXHIBIT P9 |
TRUE COPY15.05.2023 |
OF THE COVERING LETTER DATEDADDRESSED TO THE 2ND RESPONDENT |
EXHIBIT P10 |
TRUE COPYRESPONDENT |
OF THE PROCEEDINGS OF THE 1STDATED 06.06.2023 |
EXHIBIT P11 |
TRUE COPYWPC NO: 137 |
OF THE ORDER DATED 13.04.2023 IN41 OF 2023 |
1 issue framed by the court
Whether the writ petition which admitted no merit survives to require adjudication.
Saidalavi T.P.
The Regional Transport Authority, Palakkad
The Secretary, Regional Transport Authority, Palakkad
K.A. Haseena
The State Transport Appellate Tribunal, Ernakulam
Abdul Rafeeqe.C.K.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court