Petitioner challenged the jurisdiction of the Permanent Lok Adalath over a permit dispute. The court disposed of the petition; parties are free to proceed under the Motor Vehicles Act if aggrieved. Questions of law are left open.
Parties at liberty to proceed under the Motor Vehicles Act, 1988 and Kerala Motor Vehicles Rules, 1989.
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 SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 2718 OF 2015
PETITIONER:
SHAMEER
AGED 33 YEARS, S/O.MOIDEEN, MULLAPPALLY HOUSE,
KURUVATTUR, KAKKODI (VIA), KOZHIKODE.
BY ADV SRI.P.DEEPAK
RESPONDENTS:
1THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE - 673 001.
2K.C.SIVANANDAN,
KOMATTUCHALIL HOUSE, P.O.KONOTT
KUNNAMANGALAM, KOZHIKODE - 673 571.
BY ADV SMT.SHERLY THOMAS
SRI.JOBY JOSEPH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.2718 of 2015
2
JUDGMENT
Dated this the 11th day of January, 2023
This writ petition is filed by the petitioner seeking the following reliefs:
W.P.(C)No.2718 of 2015
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settlement of the issues in respect of the permit granted, cannot be sustained under law.
the permit issued to a stage carriage. If, in any manner, the party respondent is still aggrieved by the permit held by the petitioner, he will be at liberty to proceed in accordance with the provisions of the Motor Vehicles Act, 1988 and the Kerala Motor Vehicles Rules, 1989. All the questions of law raised in the writ petition are left open.
Writ petition is disposed of as above.
Sd/-
Shaji P. Chaly Judge
vpv
W.P.(C)No.2718 of 2015
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APPENDIX OF WP(C) 2718/2015
PETITIONER EXHIBITS
EXT.P1 A TRUE COPY OF THE SAID PERMIT (PERMIT NO.P.ST 11/8/2005).EXT.P2 A TRUE COPY OF THE REGULAR PERMIT (PERMIT NO.P.ST.C2/8/2005/D VALID FOR THE PERIOD FROM 2.8.2005 TO 01.08.2010 ISSUED IN THE NAME OF SRI.T.K.ABDUL NAZEER.EXT.P3 A TRUE COPY OF THE REGULAR PERMIT (PERMIT NO.11/8/2005) ISSUED IN THE NAME OF SRI.C.P.UMAI BHANU.EXT.P4 A TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE DATED 20.12.2012.EXT.P5 A TRUE COPY OF THE NOTICE DATED 13.01.2015. EXT.P6 A TRUE COPY OF THE ORIGINAL APPLICATION IN OP(P.L) NO.2/2015 ON THE FILES OF THE PERMANENT LOK ADALAT (FOR PUBLIC UTILITY SERVICES), KOZHIKODE.EXT.P7 A TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE TAKEN ON 26.3.2010.EXT.P8 A TRUE COPY OF THE RELEVANT EXTRACT OF THE SAID DECISION OF THE RTA, KOZHIKODE IN ITEM NO: 39(G1/105806/2011D).//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the permanent Lok Adalath has jurisdiction to entertain an application filed by the 2nd respondent for settlement of issues regarding a stage carriage permit.
2 provisions across 2 enactments
Shameer
The Secretary, Regional Transport Authority, Kozhikode
K.C. Sivanandan
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court