Noushad vs Regional Transport Authority

Citation : 2022 Latest Caselaw 6641 Ker
Judgement Date : 9 June, 2022

Kerala High Court
Noushad vs Regional Transport Authority on 9 June, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 18631 OF 2022
PETITIONER/S:

          NOUSHAD
          S/O KHALID, HOUSE NO.1/414, PANANYHODI HOUSE,
          BAVAPPADY, VALANCHERRY P. O., KATTIPARUTHI VILLAGE,
          MALAPPURAM - 676552.

          BY ADV LATHEESH SEBASTIAN



RESPONDENT/S:

    1     REGIONAL TRANSPORT AUTHORITY
          REGIONAL TRANSPORT OFFICE, MALAPPURAM - 676505,
          REPRESENTED BY ITS SECRETARY.

    2     REGIONAL TRANSPORT OFFICER
          OFFICE OF THE REGIONAL TRANSPORT OFFICER,
          MALAPPURAM - 676505.
          BY GP SRI.JIMMY GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18631 OF 2022      ..2..




                      JUDGMENT

The petitioner was a stage carriage operator with Ext.P1 permit. However, the petitioner stopped the service, as the operation was not profitable to the petitioner, due to the service of Kerala State Road Transport Corporation buses through the same route. According to the petitioner, since the KSRTC stopped many of their services through the said route, the petitioner has submitted Ext.P2 application for fresh regular permit, which was returned by the 1 st respondent with a direction to re-submit the application after paying fresh permit fee. Thus, the petitioner re-submitted Ext.P2 application as evidenced by Ext.P3. The petitioner has submitted Ext.P4 application in Form P along with Ext.P2 before the 1st respondent for regular permit. The grievance of the petitioner is that Exts.P2 and P4 WP(C) NO. 18631 OF 2022 ..3..

applications for regular permit are not so far considered by the 1st respondent.

2. Heard the learned Counsel for the petitioner and the learned Government Pleader.

3. In the facts and circumstances of the case, there will be a direction to the 1st respondent to consider Exts.P2 and P4 applications for regular permit, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above direction.

Sd/-

                          MURALI PURUSHOTHAMAN
                                  JUDGE
SB/09/06/2022
 WP(C) NO. 18631 OF 2022         ..4..

               APPENDIX OF WP(C) 18631/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE PERMIT OF THE

PETITIONER ISSUED BY THE 1ST RESPONDENT DATED 18.11.2010.

Exhibit P2 TRUE COPY OF THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE THE 1ST RESPONDENT DATED 11.05.2022.

Exhibit P3 TRUE COPY OF THE NUMBER RECEIVED BY THE PETITIONER IN THE MOBILE PHONE OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE APPLICATION IN FORM P OF THE PETITIONER DATED 11.5.22.