Cici Cleetus vs The Regional Transport Authority
2021 Latest Caselaw 6567 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                       WP(C).No.3747 OF 2021(P)


PETITIONER:

               CICI CLEETUS
               AGED 69 YEARS
               W/O. LATE CLEETUS, KANNANKERIL HOUSE, EZHUTHANIKKAL
               ROAD, AZHIKKAKAM, KUMBALANGHI, ERNAKULAM KOCHI 682
               007

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               ERNAKULAM, COLLECTORATE P.O, KAKKANAD, KOCHI 682 030

      2        THE SECREETARY,
               REGIONAL TRANSPORT AUTHORITY, ERNAKULAM COLLECTORATE
               P.O, KAKKANAD, KOCHI 682 030


               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3747 OF 2021
                                         2




                                   JUDGMENT

Dated this the 24th day of February 2021

The petitioner herein is the registered

owner of a stage carriage vehicle No. KL-13 V

459. The permit was valid upto 15.02.2020. He

filed application for renewal of the permit.

Since, there was some delay, an application for

condonation of delay was also filed. The

grievance of the petitioner is that, the

application has not been considered and orders

not issued even now.

2.After hearing the learned Counsel for

the petitioner and the learned Senior Government

Pleader for the respondents, I am inclined to

dispose of the writ petition with a direction

that, the delay condonation application and the

application for renewal shall be taken up and

considered in that sequence, within a period of

six weeks from the date of receipt of a copy

this judgment and on the basis of materials WP(C).No.3747 OF 2021

available on record and after giving a

reasonable opportunity to the objectors, if any,

to oppose. The authority shall also ascertain

the genuineness of the declaration and all also

hearing the financier, if felt so.

3.In case, the RTA meeting could not be

convened within the above stipulated time due to

reasons beyond the control of the authority,

appropriate decision shall be taken by invoking

provision under Rule 130 of the Motor Vehicles

Act on the basis of the materials collected.

The writ petition is disposed of

accordingly.

Sd/-

                                                  SUNIL THOMAS
                                                        JUDGE
Jms                             //True Copy//       P.A to Judge
 WP(C).No.3747 OF 2021



                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE RC BOOK OF KL-13 V 459

EXHIBIT P2              TRUE COPY OF THE PERMIT DATED 21-07-2018

EXHIBIT P3              TRUE COPY OF THE RENEWAL APPLICATION DATED
                        13-12-2020

EXHIBIT P4              TRUE COPY OF THE DELAY PETITION DATED 13-
                        12-2020

EXHIBIT P5              TRUE COPY OF THE NOC REQUEST DATED 30-01-


EXHIBIT P6              TRUE COPY OF THE DECLARATION DATED 08-02-


EXHIBIT P7              TRUE COPY OF THE JUDGMENT IN WP(C0 NO.
                        23608/2020 DATED 4-11-2020

                               //True Copy//   P.A to Judge