IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 20139 OF 2022
PETITIONER/S:
MEHROOF ALI THAHIR,
AGED 35 YEARS
S/O. MUHAMMED, KOKKANCHERI PARAMBIL HOUSE, CHEROOPPA
P.O., KOZHIKODE-673661.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
RESPONDENT/S:
1. THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
MALAPPAURAM-676505 REPRESENTED BY ITS SECRETARY.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL
STATION, MALAPPURAM-676505.
BY GOVERNMENT PLEADER SRI.JIMY GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20139 OF 2022
2
JUDGMENT
Petitioner is the registered owner of a stage carriage bus bearing Registration No.KL-10-AF-3625 which is covered by Ext.P1 permit valid up to 17.03.2023. The bus has been granted permit to operate on the route Edavanapara-Mavoor with set of timings settled on 29.06.2004. The petitioner submits that a new bridge was opened on 23.05.2022 linking Malappuram-Kozhikode District whereby the distance between Mavoor and Edavannappara will be reduced and the passengers will be benefited by the operation of the service through the opened bridge. Accordingly, the petitioner has submitted Ext.P2 application for variation of the route. The petitioner also submits that the Mavoor Grama Panchayath has also recommended the request of the petitioner. Accordingly, the WP(C) NO. 20139 OF 2022 3 petitioner prays for a direction to the first and second respondents to consider and take a decision on Ext.P2 application for variation by resorting to circulation of papers provided under Rule 130 of the Kerala Motor Vehicles Rules.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. The learned Government Pleader, on instructions submits that Ext.P2 application is pending consideration before the first respondent and that the report of the Field Officer is awaited. The learned Government Pleader also submits that the matter will be placed before the next RTA meeting.
4. In the facts and circumstances of the case and considering the submission made by both sides, WP(C) NO. 20139 OF 2022 4 there will be a direction to the first respondent to consider Ext.P2 application as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The respondents will be free to resort to circulation of papers as provided under Rule 130 of the Kerala Motor Vehicles Rules.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-
WP(C) NO. 20139 OF 2022 5 APPENDIX OF WP.(C) 20139/2022 EXT.P1- TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT DATED 23.7.2013 ISSUED BY THE RTA, KOZHIKODE FOR VEHICLE NO.KL-10AF-3625.
EXT.P2-TRUE COPY OF THE APPLICATION DATED 19.05.2022 FILED BY THE PETITIONER FOR VARIATIONOF THE ROUTE BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH BUS NO.KL- 10AF-3625.
EXT.P3- TRUE COPY OF THE REQUEST DATED 25.05.2022MADE BY THE PRESIDENT OF MAVOOR GRAMA PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.