Mohammedali vs The Secretary
2021 Latest Caselaw 11978 Ker

Citation : 2021 Latest Caselaw 11978 Ker
Judgement Date : 13 April, 2021

Kerala High Court

Mohammedali vs The Secretary on 13 April, 2021

              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.7721 OF 2021(M)


PETITIONER:

              MOHAMMEDALI
              AGED 57 YEARS
              S/O HUSSAIN,ARAKKUPARAMBU HOUSE,
              VATTATHOOR,MALAPPURAM-679326.

              BY ADV. SRI.I.DINESH MENON

RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
              REGIONAL TRANSPORT AUTHORITY, PALAKKAD,
              REGIONAL TRANSPORT OFFICE,
              CIVIL STATION.P.O, PALAKKAD-678001.

              SRI BIMAL K NATH, 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.7721 OF 2021(M)

                             -2-




                        JUDGMENT

Dated this the 13th day of April, 2021

The petitioner applied for grant of regular permit on

the route Thiruvizhamkunnu - Perinthalmanna. The State

Transport Appellate Tribunal by Ext.P3 judgment directed

the 1st respondent to consider the application for issuance

of regular permit afresh, taking into account Ext.P3

judgment, within two months from the date of receipt of a

copy of the judgment. The Tribunal in Ext.P3 also directed

that the 1st respondent shall issue the permit if there are no

other legal impediments.

2. According to the petitioner, the 1st respondent has

not so far implemented Ext.P3 judgment and therefore, writ

petition is filed for directing the Secretary, Regional

Transport Authority, Palakkad to issue the granted regular

permit on the route Thiruvizhamkunnu - Perinthalmanna as

evidenced by Ext.P1 decision of the RTA with a provisional WP(C).No.7721 OF 2021(M)

set of timings.

3. The learned Government Pleader, on instructions,

submits that Ext.P3 judgment of the Tribunal will be

implemented as early as possible and a meeting will be

convened without delay and in case no meeting could be

convened within a short span of time, the application will be

considered by circulation.

In view of the above, this writ petition is disposed of

directing the 1st respondent to implement Ext.P3 judgment

and take a decision on the petitioner's application for

issuance of regular permit within a period of six weeks from

today. If no meeting is scheduled to be convened during

that period, there will be a direction to consider the

issuance of regular permit by circulation within the above

period. If the application of the petitioner for regular permit

is granted, the petitioner will be provided with provisional

timings by the 2nd respondent, after obtaining a report from

the Field Officer. For this purpose, a time frame of three WP(C).No.7721 OF 2021(M)

weeks is fixed.

This writ petition is disposed of as above.

Sd/-

MURALI PURUSHOTHAMAN

JUDGE Nkr/13.04.2021 WP(C).No.7721 OF 2021(M)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE EXTRACT OF THE PROCEEDINGS DATED 29.5.2018 GRANTING REGULAR PERMIT TO PETITIONER.

EXHIBIT P2 TRUE COPY OF THE ORDER REVOKING PETIIONER'S PERMIT ON THE GROUNDS THAT CURRENT RECORDS OF VEHICLE IN TERMS WITH STA DECISION NOT PRODUCED DATED 24.12.2019.

EXHIBIT P3 TRUE COPY 0F THE JUDGMENT IN MVAA NO.71/2020 DATED 3.7.2020

EXHIBIT P5 TRUE COPY PROPOSAL TIMING SUBMITTED BY PETITIONER.