Disposed

Nirmala K. v. the Secretary, Regional Transport Authority

Kerala HC22 Mar 2023WP(C)/6380/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking allotment of running time for a stage carriage. The court directed the Regional Transport Authority to consider the request after affording an opportunity of being heard to all parties within one month or at the next RTA meeting.

What did the court decide?

Direction to the Respondent to consider and pass orders on the petitioner's request for allotment of running time within one month or at the next RTA meeting after affording a hearing.

Nirmala K. Vs the Secretary, Regional Transport… — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 22^ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945

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WP(C) NO. 6380 OF 2023

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PETITIONER/S:

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NIRMALAK.
AGED63YEARS
W/OE.DAMODHARAN,
SANNIDHANHOUSE,POOKODEP.O.,
PATHAYAKUNNU,THALASSERY,
KANNURDISTRICT,PIN-670601

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BYADVSAJUJ.VALLYARA

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RESPONDENT/S:

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THESECRETARY,
REGIONALTRANSPORTAUTHORITY
KANNUR,KANNURDISTRICT,PIN-670002

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BYSMT.MABLEC.KURIAN,SR.G.P.

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON22.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C)NO.6380OF2023

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JUDGMENT

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The petitioner states she is an existing Stage Carriage Operator operating service on the route Kozhikode-Kannur using the stage carriage bearing Reg. No. KL-58-Q-6669. The petitioner has approached this Court seeking the following relief:

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i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to consider and dispose of Ext. P6 request for allotting the running time of 2 hours 40 minutes in parity with the running time of other similar services mentioned in Exhibits P3 to P5, in respect of the petitioner’s stage carriage KL-58-Q-6669 operating on the route Kozhikode-kannur as Limited Stop Ordinary Service, within a reasonable time limit to be fixed by this Hon’ble Court.

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Heard Sri. Saju J. Vallyara, the learned counsel appearing for the petitioner, and Smt. Mable C. Kurian, the learned Senior Government Pleader.

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The learned Government Pleader submits that Ext.P6 representation for revision of timings can be taken up and considered in the next RTA meeting or within one month, whichever is earlier.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

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WP(C)NO.6380OF2023

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a) There will be a direction to the respondent to take up, consider and pass appropriate orders on Ext.P6 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein and other affected parties, if any.

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b) Orders, as directed above, shall be considered in the next RTA meeting or within a period of one month from the date of production of a copy of this judgment, whichever is earlier.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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avs

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WP(C)NO.6380OF2023

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APPENDIX OF WP(C) 6380/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE` `RESPONDENT VIDE ORDER NO. C3/7586/2015/C DATED` `21.12.2016`
`Exhibit P2`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE` `RESPONDENT VIDE ORDER NO. V3/10904/2022 DATED` `14.11.2022`
`Exhibit P3`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE` `RESPONDENT DATED 14.07.1999 IN RESPECT OF STAGE` `CARRIAGE KL-13-B-8109`
`Exhibit P4`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE` `SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA` `DATED 06.08.2019 IN RESPECT OF STAGE CARRIAGE` `KL-13-AE-9898`
`Exhibit P5`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE` `SECRETARY, R.T.A., VATAKARA DATED 23.03.2022 IN` `RESPECT OF STAGE CARRIAGE KL-18-Y-3720`
`Exhibit P6`	`TRUE PHOTOCOPY OF THE REQUEST DATED 15.12.2022` `SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT` `IN RESPECT OF HER STAGE CARRIAGE KL-58-Q-6669`

Nirmala K. v. the Secretary, Regional Transport Authority

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Nirmala K. v. the Secretary, Regional Transport Authority

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