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High Court of KeralaWP(C)/31567/2015disposed of

N.K. Kasim v. The Regional Transport Authority

2015-10-16Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 WP(C).No. 31567 of 2015 (U) ---------------------------- PETITIONER(S):

----------------- 1.

N.K.KASIM, S/O.ABDU RAHIMAN NADUVILAKALATHIL HOUSE, PATHARIYAL, MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Z 9459) 2.

K.P.HAMSA, KONDOTTYPARAMBAT KOLATH HOUSE VALLUVAMPURAM (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Z 8626) 3.

O.V.MANU KARUKKAL, ANEESH MAHAL, P.O.KOLAPARAMBA (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Z 8400) 4.

V.P.ABOOBACKER SIDDIQUE, CHOLAYIL HOUSE, CHENGARA (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Q 1992) 5.

FAIZAL BABU, MADATHIL HOUSE, VANIYAMBALAM (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Y 5286) 6.

MOHAMMED MUSTHAFA KURUKKAL, KURUKKALS VILLA EAST PANDIKKAD (REGISTERED OWNER OF STAGE CARRIAGE KL-10/AN 9798) 7.

ABDUL SALAM, KOLLAPARAMBAN HOUSE KARAKUNNU P.O., MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-09/AD 5566) 8.

K.V.ABDU RAHIMAN, KUDAVANDY HOUSE POST MANJERI COLLEGE (REGISTERED OWNER OF STAGE CARRIAGE KL-07/AH 4074) 9.

ABDUL AZEEZ, MUZHIKKAL POTTAMMAL HOUSE 22ND MILE, MUTTIPALAM, MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Q 9568)

WP(C) No.31567/2015 : 2 :

10.

MOHAMMED ALI P.P. PUTHENPEEDIKA HOUSE PULPATTA, MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-10/Z 9497) 11.

V.M.SAINUDEEN, VILAKKUMADATHIL HOUSE MOIDU MANZIL, N.S.S.COLLEGE P.O., MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-10/N 6837) 12.

IBRAHIM, 2/283, POTTANAMCHALI HOUSE PULPETTA, MANJERI (REGISTERED OWNER OF STAGE CARRIAGES KL-10/R 1112 AND KL-04/N 9167) 13.

ANVAR HUSSAIN, ARAYILAKATH HOUSE EDAVANNA P.O., MANJERI (REGISTERED OWNER OF STAGE CARRIAGE KL-02/V 1116) BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

------------------ 1.

THE REGIONAL TRANSPORT AUTHORITY MALAPPURAM REPRESENTED BY ITS SECRETARY, PIN - 676 505. 2.

THE TRAFFIC REGULATORY COMMITTEE REPRESENTED BY THE CHAIRMAN, MANJERI MUNICIPALITY MANJERI, PIN 676 121.

3.

THE CIRCLE INSPECTOR OF POLICE MANJERI, PIN - 676 121.

R BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA.

R BY SRI.K.SHIBILI NAHA, SC, MANJERI MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.31567 OF 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE ROUGH SKETCH REGARDING THE TRAFFIC SYSTEM IN MANJERI TOWN.

EXHIBIT P2 :

TRUE COPY OF THE SUGGESTION GIVEN BY THE SECOND RESPONDENT ON 11.2.2013 EXHIBIT P3 :

TRUE COPY OF THE PROPOSAL SAID TO HAVE BEEN TAKEN BY THE SECOND RESPONDENT ON 1.10.2015 WHICH IS HANDED OVER BY THE THIRD RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE AGENDA REGARDING CONSIDERATION OF TRAFFIC ARRANGEMENT IN PERINTHALMANNA BY THE FIRST RESPONDENT ON 29.5.2015.

EXHIBIT P5 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ALL KERALA BUS OPERATORS ORGANISATION, MALAPPURAM DISTRICT COMMITTEE, MANJERI BEFORE THE THIRD RESPONDENT DATED 1.10.2015 EXHIBIT P6 :

TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT DATED 28.5.2014.

EXHIBIT P7 :

TRUE COPY OF THE STUDY REPORT OBTAINED UNDER THE RIGHT TO INFORMATION ACT BEFORE THE FIRST RESPONDENT ON 13.10.2015.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.31567 of 2015 --------------------- Dated this the 16th day of October, 2015

J U D G M E N T

Ext.P3 proposal made by the Traffic Regulatory Committee deals with the diversion of stage carriage service within the limits of Manjeri Municipality. The petitioners may not be able to adhere to the same till the Regional Transport Authority given its nod. Appropriate changes may have also to be made in the route permit as well as to the time schedule.

2. Let the Regional Transport Authority delve deep into the matter and take a decision within two months. The operators who are affected shall be put on notice and heard. Ext.P3 proposal in so far as it relates to the petitioners shall be implemented thereafter only. Whether Ext.P3 proposal can be accepted in toto or not is left open to be decided by the Regional Transport Authority.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/16.10.15