Daniel K.V vs Regional Transport Authority
2021 Latest Caselaw 11750 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                      WP(C).No.39111 OF 2018(L)


PETITIONER:

               DANIEL K.V.,
               AGED 65 YEARS
               KURISHINKAL HOUSE, PALLITHODE P.O., CHERTHALA,
               ALAPPUZHA.

               BY ADV. SRI.G.PRABHAKARAN

RESPONDENTS:

      1        REGIONAL TRANSPORT AUTHORITY,
               ERNAKULAM, REPRESENTED BY ITS SECRETARY-682030.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT
               OFFICER, ERNAKULAM-682030.

               R2 BY GOVERNMENT PLEADER

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.39111 OF 2018(L)

                                      2




                             JUDGMENT

Dated this the 9th day of April 2021

The petitioner is aggrieved by the alleged non

implementation of Ext.P5 order of the STAT in

M.V.A.R.P. 81/2018. Ext.P4 is the proceedings of the

Secretary pursuant to it. The respondent has filed a

detailed counter affidavit traversing the various

allegations, interalia, contending that since the permit

holder was directed to remit the fee and submit

application. The petitioner was informed that the

application can be considered only when the application

for variation of permit is filed. It seems that the

application for variation is not filed even now.

2. In the above circumstances, considering the

nature of request, the authority shall take a decision

pursuant to Ext.P5, immediately on the petitioner

herein filing application for variation which shall be

considered while complying with Ext.P5. The petitioner

shall file appropriate application within two weeks from WP(C).No.39111 OF 2018(L)

today failing which that right will be lost. The authority

shall take appropriate decision as expeditiously as

possible, at any rate, within a period of one month

thereafter.

The writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/12-4 WP(C).No.39111 OF 2018(L)

APPENDIX PETITIONER EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EXISTING TIMING DATED 28.1.2013

EXHIBIT P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.3.2018

EXHIBIT P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RECEIVED DATED 14.6.2018

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE SECRETARY RTA DATED 15.5.2018

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 21.7.2018 IN MVARP NO.81/2018

EXHIBIT P6 TRUE COPY OF THE COVERING LETTER WITH ENDORSEMENT SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 17.8.2018

RESPONDENTS EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE