Abdul Sathar vs The Regional Transport Authority
2021 Latest Caselaw 2034 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.7792 OF 2020(Y)


PETITIONER:

               ABDUL SATHAR
               AGED 64 YEARS
               S/O. YOOSUF HAJI, PERAYIL HOUSE,
               THADATHIL VALAVU, TIRURKKAD,
               PERINTHALMANNA, MALAPPURAM.

               BY ADV. SRI.K.V.GOPINATHAN NAIR

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               MALAPPURAM, REPRESENTED BY ITS SECRETARY,
               CIVIL STATION ROAD, UPHILL,
                MALAPPURAM-676505,

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY,
               MALAPPURAM,
               CIVIL STATION ROAD,
               UPHILL, MALAPPURAM-676505.


OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).7792/2020
                                       2




                                JUDGMENT

The application filed by the petitioner for regular permit in plea of a

lapsed permit was rejected by Ext.P4 order. Petitioner herein challenged

Ext.P4 order, by which, his application for regular permit was rejected.

State Transport Appellate Tribunal by Ext.P5 judgment, set aside the

order and directed the first respondent to consider the application in the

next meeting.

2. The grievance of the petitioner herein is that, inspite of no

objection raised from any side, decision is not yet taken. His limited

prayer is for an early disposal of Ext.P2 application in the light of Ext.P5

judgment.

3. Having considered the limited prayer sought by the petitioner

herein, I am inclined to dispose of the Writ Petition itself directing the

first respondent/authority to take up and consider Ext.P2 application as

expeditiously as possible, at any rate, within a period of 6 weeks from the

date of receipt of a copy of this judgment, after hearing all the parties

concerned. If for any reason, RTA meeting could not be convened due to

reasons beyond the control of the authority, Rule 130 of the Kerala Motor

Vehicles Rules shall be adopted.

Writ Petition is disposed of as above.

Sd/-

                                                 SUNIL THOMAS

Sbna                                                 JUDGE
 W.P(C).7792/2020





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE PROCEEDINGS ISSUING

REGULAR PERMIT TO KL-58/4055, DATED 14.02.2014.

EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR REGULAR PERMIT DATED 20.03.2019.

EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID FROM 26.12.2019 TO 14.01.2020 DATED 28.12.2019.

EXHIBIT P4 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 10.07.2019.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL DATED 24.10.2019.

EXHIBIT P6 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 07.01.2020.