Kerala High Court
Malappuram District Bus Operators' ... vs Manjeri Municipality Traffic ... on 4 June, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934
WP(C).No. 4633 of 2013 (D)
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PETITIONER(S):
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1. MALAPPURAM DISTRICT BUS OPERATORS' ASSOCIATION
(AFFILATED TO ALL KERALA BUS OPERATORS ORGANIZATION)
MALAPPURAM 676 505
REPRESENTED BY ITS GENERAL SECRETARY K.V ABDUL RAHIMAN
2. MALAPPURAM DISTRICT PRIVATE BUS OPERATORS ASSOCIATION
(REG.NO TCR 609/1993) REPRESENTED BY ITS TREASURER
K.KUNHI MUHAMMED, CALICUT ROAD, MANJERI 676 121
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
RESPONDENT(S):
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1. MANJERI MUNICIPALITY TRAFFIC REGULATORY COMMITTEE
REPRESENTED BY ITS CHAIRMAN
PELLAYIL HOUSE, CALICUT ROAD, MANJERI 676 121
2. THE REGIONAL TRANSPORT AUTHORITY
MALAPPURAM 676 505
REPRESENTED BY ITS SECRETARY
3. THE CIRCLE INSPECTOR OF POLICE
MANJERI 676 121
MALAPPURAM DI8STRICT
R BY GOVERNMENT PLEADER SRI.P.M.SANEER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.4633 OF 2013
PETITIONER'S EXTS
EXT.P1 PHOTOCOPY OF COUNTER AFFAIDAVIT DATED 4-06-2012 IN WPC NO
5330 OF 2012 FILED BY THE 3RD REPONDENT.
EXT.P2 PHOTOCOPY OF GOVERNMENT ORDER GO(RT) NO 3443/2004/LSGD
DATED 28-09-2004
EXT.P3 PHOTOCOPY OF JUDGMENT OF THIS HONPOURABLE COURT DATED
2-1-2013 RENDERED IN WA NO 2262 OF 2012
EXT.P4 PHOTOCOPY OF REPRESENTATION DATED 7-2-2013 SUBMITTED BY
THE 2ND PETITIONER BEFORE THE CHIARMAN REGIONAL TRANSPORT
AUTHORITY, MALAPPURAM
EXT.P5 ROUGH SKETCH REFERRED TO IN THE WRIT PETITION.
EXT.P6 PHOTOCOP[Y OF DECISION TAKEN BY THE 1ST RESPONDENT IN THE
MEETING HELD ON 11-2-2013
EXT.P7 PHOTOCOPY OF REPRESENTATION DATED 12-2-2013 SUBMITTED BY
THE PETITIONERS BEFORE THE DISTRICT COLLECTOR MALAPPURAM
EXT.P8 PHOTOCOPY OF DECISION DATEDE 6-11-2012 OF THE SECRETARY
MANJERI MUNICIPALITY RECEIVED BY THE PETITIONERS UNDER
RIGHT TO INFORMATION ACT VIDE NO E3-17569/2012 DATED 27-11-
2012
EXT.P9 PHOTOCOPY OF DECISION OF THE CHAIRMAN MANAJERI
MUNICIPALITY DATED 16-11-2012 RECEIVED BY THE 2ND PETITIONER
UNDER RIGHT TO INFORMATION ACT VIDE NO E3-17569/2012 DATED
26-11-2012
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P.(C) No. 4633 of 2013
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Dated this the 18th day of February, 2013
J U D G M E N T
Ext.P6 decision of the Traffic Regulatory Committee in so far as it introduced several traffic regulations within Manjeri Municipality is impugned in this writ petition. The petitioners contend that the traffic regulations cause severe hardship to the bus operators and is also inconsistent with the provisions of the Motor Vehicles Act. The petitioners assert that the implementation of the decision of the Traffic Regulatory Committee would result in the violation of route permits granted by the Regional Transport Authority.
2. I do not want to delve deep into these aspects at this stage since Ext.P7 representation put in by the petitioners is pending consideration. I direct the second respondent (before whom Ext.P7 representation is pending) to take a final decision in the matter after consulting the first respondent Traffic Regulatory Committee. A decision on Ext.P7 representation shall be taken either on 26.2.2013 or on any subsequent date within a period of two weeks after notice to the petitioners. W.P.(C) No.4633 of 2013 2
3. The second respondent is at liberty to convene a special meeting for the purpose of considering Ext.P7 representation as above and bring changes in the traffic regulations, if necessary.
The Writ Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.