Dismissed

Bhaskaran.v v. Regional Transport Authority, Kasaragr

Kerala HC3 Nov 2023WP(C)/5651/2023

Case brief

AI extract

What is this about?

Single judge of the High Court of Kerala dismissed this writ petition filed by a stage carriage operator challenging the grant of a fresh permit to another operator on the route Pallikkara-Kairalippara. The court found the petitioner's grievance regarding the route description unsubstantial.

What did the court decide?

Writ petition stands dismissed. Pending interlocutory application, if any, stands dismissed.

Bhaskaran.v Vs Regional Transport Authority, Kasaragr — Company and Corporate | 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 DINESH KUMAR SINGH

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FRIDAY, THE 3^RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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WP(C) NO. 5651 OF 2023

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PETITIONER/S:

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BHASKARAN.V, AGED 65 YEARS S/O NARAYANAN, KOLOT HOUSE, BEDADUKKA GP, KOLATHUR, KASARAGOD 671541, PIN - 671541

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BY ADV K.V.GOPINATHAN NAIR

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RESPONDENT/S:

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1 REGIONAL TRANSPORT AUTHORITY, KASARAGOD, REPRESENTED BY SECRETARY CIVIL STATION, VIDYA NAGAR, KASARAGOD, PIN – 671123.

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2 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD CIVIL STATION, VIDYA NAGAR, KASARAGOD, PIN - 671123

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3 JOSEPH P.J, POOKKUNNEL HOUSE, PALAVAYAL, CHERUPUZHA, KASARAGOD, PIN - 670511

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*ADDL.R4 SURESHAN K.V, S/O CHOYI, CHOYI NILAYAM, BARE, MYLATTI, KASARAGOD - 670511

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*ADDL. R4 IS IMPLEADED AS PER ORDER DATED 27.02.2023 IN IA NO. 2/2023.

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BY ADVS.

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K.V.GOPINATHAN NAIR A.ARUNKUMAR

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OTHER PRESENT:

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SRI.JACOB E. SIMON-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5651 OF 2023

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J U D G M E N T

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The present writ petition has been filed by the petitioner impugning Ext.P4 proceedings of the first respondent dated 26.11.2022 granting permit to the fourth respondent for the stage carriage bearing registration No.KL-60/Q-2204 on the route Pallikkara-Kairalippara.

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Learned counsel for the petitioner submits that Ext.P4 does not mention the specified route for operation of the stage carriage bearing registration No. KL-60/Q-2204 and only starting and destination points are mentioned. He further submits that there are three routes to reach Kairalippara from Periya.

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Learned counsel for the fourth respondent, however, submits that on the application of the fourth respondent, a report was called for from the Motor Vehicles Inspector, SRT Office, Kanhangad.

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The enquiry report for grant of fresh stage carriage permit in respect of the stage carriage

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WP(C) NO. 5651 OF 2023

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bearing registration No.KL-60/Q-2204 owned by the fourth respondent would mention the route “Pallikkara – Kairalippara Via Peria-AyamparaAyamkadav-Bridge, Perladukkam – Kundamkuzhi – Velakkunnu – Kairalippara” for its operation and the permit has been granted for the stage carriage, subject to settlement of the timings. He also submits that there is only overlapping of 700 metres from Periya to Periya Bazar with the operation of the petitioner's stage carriage.

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Considering the aforesaid facts, I do not find any substance in the present writ petition, inasmuch as fresh permit has been granted to the fourth respondent for his stage carriage bearing registration No.KL-60/Q-2204 on the route Pallikkara – Kairalippara, Via Peria - AyamparaAyamkadav - Bridge, Perladukkam – Kundamkuzhi– Velakkunnu – Kairalippara. In view of the aforesaid stand of the fourth respondent, the grievance of the petitioner does not survive. However, the petitioner may object to the timings

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WP(C) NO. 5651 OF 2023

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being fixed for operation of the stage carriage of the fourth respondent on the route PallikkaraKairalippara.

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With the aforesaid observation, the present writ petition stands dismissed. Pending interlocutory application, if any, in the writ petition stands dismissed.

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Sd/DINESH KUMAR SINGH JUDGE

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WP(C) NO. 5651 OF 2023

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APPENDIX OF WP(C) 5651/2023

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PETITIONER EXHIBITS

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Exhibit1 TRUE COPY OF THE REGULAR PERMIT NO.P ST 14/2807/2016 Exhibit P2 ROUGH SKETCH OF THE ROUTE Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 26.11.2022

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Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 26.11.2022 Exhibit P5 TRUE COPY OF THE NOTICE REGARDING THE PROPOSAL TO CONVENE THE TIMING CONFERENCE TO 22.2.2023

Bhaskaran.v v. Regional Transport Authority, Kasaragr

Case brief

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Bhaskaran.v v. Regional Transport Authority, Kasaragr

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