M.Gangadharan vs The Regional Transport Authority
2021 Latest Caselaw 4156 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                        WP(C).No.2689 OF 2021(I)


PETITIONER/S:

                M.GANGADHARAN,
                S/O.KUNHIRAMAN, ROSHNI HOUSE,
                SOUTH BAZAR,CIVIL STATION.P.O,
                KAKKAD ROAD,KANNUR-670002.

                BY ADV. SRI.O.D.SIVADAS

RESPONDENT/S:

      1         THE REGIONAL TRANSPORT AUTHORITY,
                KANNUR, REPRESENTED BY ITS SECRETARY, PIN-670002.

      2         THE SECRETARY,
                REGIONAL TRANSPORT AUTHORITY,
                CIVIL STATION, KANNUR, PIN-670002.



                SR.GP K.P HARISH,
                SC SRI.P.C CHACKO

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2689 OF 2021

                                          2




                                  JUDGMENT

Dated this the 4th day of February 2021

Petitioner herein is a stage carriage operator

conducting service in the route of Cheemeni-

Kozhikkode as LSOS. Application for renewal of

permit is pending. The route length being 152 Kms,

the petitioner had applied for modifying the route

from Cheemeni to Thrikkaripur and an application for

that also filed. In the meanwhile, STAT issued a

temporary permit. Petitioner has filed an

application dated 17.01.2020, purportedly for re-

issuing temporary permit. The grievance of the

petitioner is that the applications are not being

taken up in accordance with law.

2. Even after considerable delay, when the matter

was taken up, learned Standing Counsel for the 1st and

2nd respondents submitted that an R.T.O meeting has

been convened to be held on 05.02.2021. It is

submitted that the matter is also included in the

agenda.

WP(C).No.2689 OF 2021

3. Learned Standing Counsel for the KSRTC

submitted that the KSRTC shall also be heard since

the question of limiting of route length arises.

4. In the above circumstances, the KSRTC is suo

motu impleaded since it is not in the party array.

Accordingly, the writ petition is disposed of

directing the R.T.A to take up applications tomorrow

itself, if the application is otherwise in order, and

to pass appropriate orders on it in accordance with

law, after giving a reasonable opportunity of being

heard to the KSRTC and other objectors if any. The

authority shall try to pass appropriate orders as

expeditiously as possible.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

uu

04.02.2021 WP(C).No.2689 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDING 03.05.2016 ISSUED BY THE RESOPNDENT.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 17.08.2020 FOR VARIATION/CURTAILMENT SUBMITTED BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT ON THE MODIFIED ROUTE DATED 17.08.2020 SUBMITTED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE PROCEEDING OF THE RESPONDENT DATED 30.9.2020 ISSUED TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE ORDER IN M.P.NO.546 OF 2020 MVAA NO.128 OF 2020 DATED 1.10.2020 OF STAT,ERNAKULAM.

EXHIBIT P6 TRUE COPY OF THE ORDER IN MVAA NO.128 OF 2020 DATED 16.10.2020 OF STAT,ERNAKULAM

EXHIBIT P7 TRUE COPIES OF TEMPORARY PERMITS ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 07.01.2021.

EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT ON THE MODIFIED ROUTE DATED 19.01.2021 SUBMITTED BY THE PETITIONER.