W.P.(C) No.29179/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.29179 OF 2020(V)
PETITIONER:
BABY ANTOS
AGED 42 YEARS
S/O. JOSEPH, PARAYIL HOUSE, EDAMARUKU P.O, PALA 686
652
BY ADV. SRI.I.DINESH MENON
RESPONDENT:
1 THE REGIONAL TRANSPORT AUTHORITY
ERNAKULAM, CIVIL STATION P.O, KAKKANAD 682 030
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL
STATION P.O, KAKKANAD 682 030
OTHER PRESENT:
SR.GP-SRI.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.29179/2020 2
JUDGMENT
Dated this the 8th day of January 2021 Petitioner herein is a regular permit holder in relation to the vehicle bearing No. KL-05 AP 7620. The route in question is having a route length of about 140 kms. Permit expired on 4/3/2015 and he has been operating the vehicle with the aid of temporary permit. An application for renewal of permit was submitted by him in time. However, grievance of the petitioner is that, renewal application has not been processed with the application for replacement, which is also now pending.
2. When the matter was taken up, learned Government Pleader submitted that, the application was processed. However, the route length stated in the original application exceeds140 kms. Further, consent was not obtained from him for limiting the route length. It could not be finalised. Petitioner has now impleaded the KSRTC and also submitted that an application for limiting the route length to less than 140 kms has been submitted. This is recorded. Learned Standing Counsel Sri.P.C.Chacko takes notice for the KSRTC.
3. Accordingly, I am inclined to dispose of the writ petition with a direction to the first respondent, RTA to take up and consider the application for renewal in accordance with law, after hearing the KSRTC and also in the light of the modified route length which is stated to have been filed. Appropriate orders shall be passed as expeditiously as possible, at any rate , within a period of one month from the date of production of a copy of this judgment. Thereafter, subject W.P.(C) No.29179/2020 3 to it, application for replacement shall be considered.
4. It is made clear that, if there is no possibility of the RTA meeting being convened within the above stipulated time, RTA will be free to adopt procedure under Rule 130 of the Kerala Motor Vehicles Rules after giving an opportunity to the KSRTC to raise objection, if any.
Sd/-
SUNIL THOMAS
dpk JUDGE
W.P.(C) No.29179/2020 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGUALR PERMIT DATED 11-
06-1029
EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED
18-2-2020
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO. GO(MS)
NO. 22/2020 DATED 1-7-2020
EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 18-2-2020
EXHIBIT P5 TRUE COPY OF THE REPLACEMENT APPLICATION
DATED 18-12-2020