Kerala High Court
Maheswari vs The Regional Transport Authority on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14064 OF 2024
PETITIONER:
MAHESWARI
AGED 35 YEARS
W/O. AYYAPPAKUMAR ANAYAPPAM CHELLLA,
PAMPAMPALLAM POST, PUTHUSSERY EAST,
KANJIKODE, PALAKKAD,, PIN - 678621
BY ADV O.D.SIVADAS
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY ITS SECRETARY,
CIVIL STATION, PALAKKAD, PIN - 678001
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, PALAKKAD,
PIN - 678001
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14064 Of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024 The petitioner is an existing Stage Carriage Operator on the route Palakkad-Moolakkada. The Permit is issued in respect of Stage Carriage bearing registration No.KL-09AM-7784, which is valid till 29.07.2028.
2. The vehicle is a 2009 model Bus with seating capacity of 28. Since the vehicle was having mechanical complaints, the petitioner submitted Ext.P2 application for replacement of the above vehicle by Stage Carriage No.KL-51A-6465, which is 2010 model vehicle with seating capacity of 38. But, the 2nd respondent has not entertained the application and granted replacement.
3. Aggrieved by the inaction on the part of the 2 nd respondent in considering Ext.P2 application, the petitioner has filed this writ petition seeking appropriate direction to entertain the application for replacement and pas orders thereon without WP(C) No.14064 Of 2024 3 any delay.
4. Heard.
5. It is evident that Ext.P2 is an application for replacement of vehicle which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P2 in accordance with law, within a reasonable time.
The writ petition is therefore disposed of directing the 2 nd respondent-Secretary, Regional Transport Authority to consider Ext.P2 application for replacement of vehicle within a period of three months. If the material difference with the incoming vehicle is more than 25%, the 2nd respondent shall post the matter before the Regional Transport Authority Board meeting and the Regional Transport Authority Board shall consider the application in the ensuing Board meeting itself, in accordance with law.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.14064 Of 2024 4 APPENDIX OF WP(C) 14064/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE NO. KL 09/AM 7784 DATED 19/10/2023 WHICH IS VALID TILL 29.07.2028 Exhibit P2 THE COPY OF THE APPLICATION DATED 21.03.2024 SUBMITTED FOR REPLACEMENT