Jerry vs The Regional Transport Authority
2021 Latest Caselaw 11975 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                       WP(C).No.8169 OF 2021(U)


PETITIONER:

               JERRY,
               AGED 56 YEARS
               S/O. JOSEPH, KAMICHERIL HOUSE,
               KILLANNUR, POOMALA P.O. THRISSUR 680 613.

               BY ADVS.
               SRI.M.JITHESH MENON
               SMT.K.INDU (POURNAMI)
               SRI.R.BRIJESH
               SRI.P.G.MAHESHKUMAR

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY,
               THRISSUR, REPRESENTED BY ITS SECRETARY,
               COLLECTORATE P.O. AYYANTHOLE, THRISSUR 680 003.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY, THRISSUR,
               COLLECTORATE P.O. AYYANTHOLE, THRISSUR 680 003.

               SMT REKHA C NAIR, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8169 OF 2021(U)
                                -2-


                          JUDGMENT

Dated this the 13th day of April, 2021

The petitioner is a stage carriage operator conducting

service on the route Mundathikode-Ayyanthole via

Thengalur, Edakulam, Avanur, Velapaya,

Mulamkunnathukavu, Tirur, Patturaikkal and Thrissur on the

strength of regular permit issued in respect of stage carriage

KL-5/U-8487.

2. The petitioner has submitted an application for

variation of the regular permit and the grievance of the

petitioner is that the RTA meeting is not being convened and

the application for variation is not considered.

3. The learned counsel for the petitioner refers to

Ext.P4 judgment and submits that the Tribunal has directed

the 1st respondent to grant the variation sought for by the

appellant. The learned counsel for the petitioner further

submits that eventhough the direction of the Tribunal is

dated 25.09.2020, the 1st respondent is not considering the WP(C).No.8169 OF 2021(U)

application and no meeting is convened.

4. The learned senior Government Pleader, on

instructions, submits that the application of the petitioner

will be considered in the next RTA meeting.

In view of the above, there will be a direction to the 1 st

respondent to consider the application of the petitioner

referred to in Ext.P4 judgment, as expeditiously as possible,

at any rate, within a period of one month from the date of

receipt of a copy of this judgment. If for any reason, the RTA

meeting could not be convened within the time limit, orders

will be passed by circulation of papers under Rule 130 of the

Kerala Motor Vehicles Rules. Orders as above shall be

passed, at any rate, within a period of six weeks from today.

This writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE Nkr/13.04.2021 WP(C).No.8169 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT OF THE PETITIONER DATED 22.8.2017.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL IN MVAA NO. 26/2018 DATED 16.11.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 5.9.2019.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN MVAA NO.

248/2019. DATED 25.9.2020 OF STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.

3403/2021 DATED 22.2.2021.

RESPONDENT'S/S EXHIBITS: NIL