Ishakh vs The Regional Transport Authority
2021 Latest Caselaw 4647 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                    WP(C).No.2291 OF 2021(J)


PETITIONER/S:

            ISHAKH
            AGED 42 YEARS
            S/O. CHERIYABAVA, ANINTE PURAKKAL HOUSE, CHEERAN
            KADAPPURAM, PUTHIYAKADAPPURAM,
            MALAPPURAM DISTRICT

            BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT/S:

      1     THE REGIONAL TRANSPORT AUTHORITY,
            REPRESENTED BY ITS SECRETARY, CIVIL STATION,
            MALAPPURAM P.O, PIN-676 505, MALAPPURAM DISTRICT.

      2     THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
             CIVIL STATION, MALAPPURAM P.O, PIN-676 505,
            MALAPPURAM DISTRICT.




            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2291 OF 2021(J)
                                2




                          JUDGMENT

The petitioner applied for grant of variation of

permit, which was rejected by the first respondent in its

meeting dated 7.2.2020. It was taken up in appeal and

by virtue of Ext.P2 judgment, it was allowed and the

matter was redirected to be considered within a period

of two months from the date of receipt of a copy of the

judgment dated 30.10.2020. The grievance of the

petitioner herein is that due to the pandemic, no final

decision has been taken even now.

2. When the matter was taken up, the learned

senior Government Pleader appearing for the first and

second respondents on instructions submitted that the

matter can be taken up in the next RTA meeting.

Accordingly, Writ Petition is disposed of with a direction

to the respondents to take up the matter and consider

it as expeditiously as possible, at any rate, within a

period of six weeks and if any reasons beyond the WP(C).No.2291 OF 2021(J)

control of the authority, the meeting cannot be

convened, adopting procedure contemplated under Rule

130 of the Motor Vehicles Rules.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.2291 OF 2021(J)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM HELD ON 07.01.2020 VIDE ITEM NO. 56.

EXHIBIT P2 PHOTOCOPY OF THE JUDGMENT IN M.V.A.A. NO. 70/2020 DATED 30.10.2020 PASSED BY THE HON'BLE STATE TRANSPORT APPELLATE TRIBUNAL.

EXHIBIT P3 PHOTOCOPY OF THE REQUEST DATED 09.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

    RESPONDENT'S/S EXHIBITS        NIL