Danty Joseph vs The Regional Transport Authority
2021 Latest Caselaw 11475 Ker

W.P.(C) No.5932/2021                1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.5932 OF 2021(N)


PETITIONER:

               DANTY JOSEPH,
               AGED 50 YEARS
               S/O. JOSEPH, NIRAPPATH HOUSE, THABORE P. O.,
               MUKANNUR VIA, ERNAKULAM DISTRICT - 683 577.

               BY ADV. SRI.SAJEEV KUMAR K.GOPAL

RESPONDENT:

       1       THE REGIONAL TRANSPORT AUTHORITY
               CIVIL STATION, KAKKANAD, ERNAKULAM - 682 021.

       2       THE SECRETARY
               REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
               KAKKANAD, ERNAKULAM - 682 021.

       3       RAJITH
               S/O. KARUNAKARAN, ARACKAL HOUSE, MANJIKKAD, THABORE
               P. O., MUKANNUR VIA, ERNAKULAM DISTRICT - 683 577.

               R1-2 BY GOVERNMENT PLEADER
               R3 BY ADV. SRI.O.D.SIVADAS

OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.5932/2021                     2




                                  JUDGMENT

Dated this the 8th day of April 2021

The petitioner herein had moved this Court in W.P.(C)No.27154/2020

challenging the grant as well as contending that he should have been given an

opportunity of being heard. Accordingly, this Court by Ext.P16 judgment, directed

the RTA to pass fresh orders, as directed by the STAT, as expeditiously as

possible, within the time limit prescribed therein. It was also directed that, if the

direction could not be complied with within the time limit prescribed therein, and

if the RTA meeting is not likely to be convened in the interregnum , decision can

be taken invoking Rule 130 of the Kerala Motor Vehicles Rules. It seems that

the decision was taken by circulation. Petitioner was directed to file objections,

which shall also be taken into consideration by the authority.

2. Grievance of the petitioner now is that, immediately after the receipt of

the order, the matter was placed for circulation and decision taken accordingly.

He was not heard and he was not given an opportunity of being heard, is his

grievance. It is stated that, the petitioner has already filed objection in writing.

Petitioner has further grievance that, immediately after the circulation, the RTA

meeting was also convened. It shows undue haste in taking decision by

circulation, it was argued.

3. Pursuant to the direction of this court, an affidavit was filed by the

Secretary RTA, wherein it has been stated that, since at that point of time the

RTA meeting has not been convened and to avoid delay, and in obedience to

the direction of this court, matter was put up before the Chairman for appropriate

orders . The Chairman ordered that the matter may be put up for circulation and

accordingly decision was taken. Even though learned counsel for the petitioner

vehemently contended that it shows the mala fides, I am not inclined to accept it

for simple reason that there is nothing on record to show mala fide or that there

was undue waste. I am inclined to accept the contention of the Authority that at

that point of time, the RTA meeting had not been convened. Even assuming

that, the meeting was convened thereafter, that does not change the situation

either.

Having considered the above, I am not inclined to grant the relief sought in

the writ petition. However, the petitioner may be heard in the timing conference

proposed to be convened. The writ petition fails and is accordingly dismissed

with the above direction.

Sd/-

                                                       SUNIL THOMAS

dpk                                                         JUDGE




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE REGULAR PERMIT IN RESPECT
                       OF STAGE CARRIAGE KL-41-8753.

EXHIBIT P2             TRUE COPY OF THE TIME SCHEDULE IN RESPECT
                       OF STAGE CARRIAGE KL-41-8753.

EXHIBIT P3             TRUE COPY OF THE REGULAR PERMIT IN RESPECT
                       OF STAGE CARRIAGE KL-41A-8357

EXHIBIT P4             TRUE COPY OF THE TIME SCHEDULE IN RESPECT
                       OF STAGE CARRIAGE BEARING REGISTRATION
                       NO.KL-41A-8357.

EXHIBIT P5             TRUE COPY OF THE REGULAR PERMIT IN RESPECT
                       OF STAGE CARRIAGE KL-63-7095.

EXHIBIT P6             TRUE COPY OF THE TIME SCHEDULE IN RESPECT
                       OF STAGE CARRIAGE KL-63-7095.

EXHIBIT P7             TRUE COPY OF THE DECISION OF THE 1ST
                       RESPONDENT AT ITS MEETING HELD ON
                       17.05.2017 IN ITEM NO.33.

EXHIBIT P8             TRUE COPY OF THE DECISION OF THE RTA DATED
                       02.08.2018.

EXHIBIT P9             TRUE COPY OF THE DECISION OF THE RTA AT IT
                       MEETING HELD ON 19.01.2019 IN ITEM NO.2.

EXHIBIT P10            TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL

IN M.V.A.A. NO.98/2019 DATED 26.06.2019 BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.

EXHIBIT P11 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 18.09.2019 IN ADDITIONAL ITEM NO.8.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL IN M.V.A.A. NO.257/2019 DATED 06.02.2020.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.11738/2020 OF THIS HON'BLE COURT.

EXHIBIT P14 TRUE COPY OF THE ORDER NO.C-1/194440/2016/E DATED 22.07.2020.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 18.09.2020

VIDE NO.C1/19440/2016/E ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 08.01.2021 IN WP(C) NO.27154 OF 2020 OF THIS HON'BLE COURT.

EXHIBIT P17 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.01.2021.

EXHIBIT P18 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT DATED 18.02.2021 VIDE V1/218/2021/E.