IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21575 OF 2022
PETITIONER:
SAJIL KUMAR T.M.,
AGED 42 YEARS,
S/O. NARAYANAN, THEKKEDATH NATTIL MEETHAL,
KUNNATHARA.P.O., KOYILANDY, KOZHIKODE-673 327
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
VATAKARA, REPRESENTED BY ITS SECRETARY,
BADAGARA, VATAKARA, KOZHIKODE-673 104.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, VATAKARA,
BADAGARA, VATAKARA, KOZHIKODE-673 104
ADV. SRI JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21575 OF 2022
-2-
JUDGMENT
Petitioner has approached this Court with the following prayer:
"i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pass final orders on Exhibit P1 application submitted by the petitioner for grant of regular permit on the route Thamarassery - Koyilandy, expeditiously or at any rate within a time limit to be fixed by this Hon'ble Court, in the interest of justice;
ii) to issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case."
2. An application for grant of a regular permit to operate service on the route Thamarassery - Koyilandy under the provisions of Motor vehicles Act, 1988 dated 30.03.2022 Ext.P1 was submitted, which has been forwarded to the Field Officer for necessary enquiry WP(C) NO. 21575 OF 2022 -3- report and has already been given the no objection. However, the first respondent considered the application in the meeting held on 11.05.2022 and again ordered for an enquiry as evident from Ext.P3. Learned counsel for the petitioner submits that once no objection has been issued, i.e., vide report of the Field Officer, the respondent No.1 ought not to have ordered for fresh enquiry. This case came before me yesterday and adjourned today for enabling the State Counsel to obtain instructions.
3. Mr.Jimmy George, learned Government Pleader on instructions submits that the report from the Joint Regional Transport Officer would be submitted within three days and thereafter in the next meeting of the RTA, the application would be decided in accordance with law.
In view of the submission made by the Government Pleader, Writ petition stands disposed off with a direction to respondent No.2 to decide the matter in WP(C) NO. 21575 OF 2022 -4- accordance with law, in the next meeting of the Regional Transport Authority.
Sd/-
AMIT RAWAL JUDGE vv WP(C) NO. 21575 OF 2022 -5- APPENDIX OF WP(C) 21575/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SAID APPLICATION SUBMITTED BY THE PETITIONER DATED 30.3.2022 Exhibit P2 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE FIELD OFFICER. Exhibit P3 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 11.5.2022 Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 14.6.2022 WITH TRANSLATION.