Akshay S Anand vs The Regional Transport Authority

Kerala High Court

Akshay S Anand vs The Regional Transport Authority on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                     WP(C) NO. 18532 OF 2024
PETITIONER:

          AKSHAY S ANAND
          AGED 26 YEARS, S/O. ANAND, BHANAMADAM,
          ANATHALAVATTOM.P.O., CHIRAINKEEZHU,
          THIRUVANANTHAPURAM DISTRICT,
          NOW RESIDING AT AKSHY BHAVAN, NEAR FCI, KAZHAKUTOM,
          THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY HIS
          POWER OF ATTORNEY HOLDER RIJU S/O THANKAPPAN KURUP
          AGED 42 YEARS, PADINJATTATHIL VEEDU, KAVALAYOOR,
          MANAMBOORE PO, CHIRAYEENKEEZHU TALUK
          THIRUVANANTHAPURAM., PIN - 695 304.

          BY ADVS.
               O.D.SIVADAS
               DEVIKA R.


RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY
          THIRUVANANTHAPURAM (RURAL), ATTINGAL REPRESENTED BY
          ITS SECRETARY, PIN - 695 101.

    2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          THIRUVANANTHAPURAM (RURAL), ATTINGAL,
          PIN - 695 101.

    3     BIJU DASAN.
          AGED 56 YEARS
          S/O. SUSHMA, BINDU BHAVAN, MELVETTOOR.P.O. VARKALA,
          THIRUVANANTHAPURAM DISTRICT,
          PIN - 695 312.

          BY
                 SREEJITH V.S, GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.18532 of 2024
                                  :2:



                            JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner is the holder of a Regular Permit in respect of Stage Carriage bearing registration No.KL-02AJ-7099, which is valid up to 18.12.2026. The 3rd respondent wants transfer of permit in the name of the petitioner. The petitioner and the 3rd respondent have submitted Ext.P2 joint application for the said purpose. The grievance of the petitioner is that the 1 st respondent-Regional Transport Authority has not yet considered Ext.P2 application.

2. Heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2.

3. Ext.P2 application submitted by the petitioner and the 3rd respondent is a statutory application falling within the ambit of the Motor Vehicles Act. The competent authority therefore has to consider the same within a reasonable time. W.P.(C) No.18532 of 2024 :3:

In the facts and circumstances of the case, the writ petition is disposed of directing the 1 st respondent-Regional Transport Authority to take a decision on Ext.P2 application submitted by the petitioner and the 3rd respondent, at the earliest and at any rate, within a period of four weeks from the date of receipt of certified copy of this judgment. If no physical meeting is scheduled, the decision shall be taken by circulation of papers.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.18532 of 2024 :4: APPENDIX OF WP(C) 18532/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 14.12.2021 ISSUED IN RESPECT OF STAGE CARRIAGE NO. KL 02/AJ 7099, OPERATING ON THE ROUTE AGALI - PAAVALAVU VALID UP TO 30.11.2028.

Exhibit P2 TRUE COPY OF THE JOINT APPLICATION DATED 19.02.2024 SUBMITTED BY THE BEFORE THE 1ST RESPONDENT FOR TRANSFER OF PERMIT IN RESPECT OF STAGE CARRIAGE BEARING NO. KL 02/AJ 7099.

Exhibit P3 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 13873 OF 2024 DATED 4.04.2024.