Manoharan K.M vs The Regional Transport Authority
2021 Latest Caselaw 6278 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                    WP(C).No.3403 OF 2021(A)


PETITIONER/S:

            MANOHARAN K.M.
            AGED 56 YEARS
            S/O MADHAVAN K.S,
            KADAVIL HOUSE, NANDIPULAM P.O.
            KUMARANCHIRA, THIRSSUR.

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

RESPONDENT/S:

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

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




            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3403 OF 2021(A)
                                  2




                            JUDGMENT

Petitioner is the holder of regular permit in relation

to the vehicle No.SC KL-05/Z2113 valid up to

11.03.2023. Due to various reasons and sectors are

saturated, the petitioner filed an application for variation

of permit by pertaining three trips from Thrissur to

Ayyanthole and trips to Vellikulangara from a place

named Kodali. The grievance of the petitioner is that

though Ext.P2 application was submitted on

25.01.2021, the RTA meeting has not been convened.

Hence, he sought for a direction to consider the

application as expeditiously as possible even by

circulation of papers.

2. The learned senior Government Pleader on

instructions submitted that the above application can be

considered in the next RTA meeting. Having considered

this, I am inclined to dispose of the Writ Petition, with a

direction that first respondent shall consider Ext.P2 WP(C).No.3403 OF 2021(A)

application on the basis of a detailed report from the

AMVI, having regard to the existing trips and after

considering the interest of the existing operators and

pass appropriate orders, as expeditiously as possible, at

any rate, within a period of six weeks from the date of

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

RTA meeting could not be convened within the above

time limit, due to the reasons beyond the control of the

authority, it can be considered by circulation of papers

under Rule 130 of the Kerala Motor Vehicles Rules.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.3403 OF 2021(A)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PERMIT OF THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR VARIATION DATED 25.1.2021

EXHIBIT P3 TRUE COPY OF THE COVERING LETTER DATED 25.1.2021

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO 12378/19 DATED 17.4.2019

RESPONDENT'S/S EXHIBITS NIL