Citation : 2021 Latest Caselaw 2597 Ker
Judgement Date : 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.1006 OF 2021(A)
PETITIONER/S:
SREENIVASAN, S/O.KUNCHU
9/406, KALLATTUPARAMBIL HOUSE, PUTHUR.G.P,
P.O.MULAYAM VALAKKAVU, THRISSUR.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENT/S:
1. THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY THE SECRETARY,
REGIONAL TRANSPORT OFFICE, AYYANTHOLE,
THRISSUR.PIN-680004.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, AYYANTHOLE,
THRISSUR.PIN-680004.
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1006 OF 2021(A)
2
JUDGMENT
The petitioner herein is the holder of the regular
permit, which is an inter district route. Applications for
renewal and replacement were filed, which were
rejected. Against that, the petitioner filed statutory
appeal before the State Transport Appellate Tribunal. By
Ext.P4 judgment, impugned order was set aside and the
appeal was allowed. It was directed that the first
respondent therein, shall reconsider the application for
renewal of permit and pass orders on merits in
accordance with law. It was further directed that, if the
renewal application was allowed, the replacement
application shall thereafter be considered and orders
passed in accordance with law.
2. The petitioner has filed this Writ Petition on a
premise that, no action has been taken pursuant to
Ext.P4. The learned senior Government Pleader as well
as the learned counsel for the petitioner were heard. WP(C).No.1006 OF 2021(A)
3. After considering the entire facts, I am inclined
to dispose of the Writ Petition itself, by directing that the
first respondent shall take up the matter and consider
the application in the sequence as directed by the State
Transport Appellate Tribunal and pass appropriate orders
after giving a reasonable opportunity to all concerned in
accordance with law, as expeditiously as possible, at any
rate, within a period of six weeks from the date of
receipt of a copy of this judgment. In case RTA meeting
could not be conducted due to the reasons beyond the
control of RTA, appropriate decision shall be taken by
invoking Rule 130 of the Kerala Motor Vehicles Rules.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV WP(C).No.1006 OF 2021(A)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXT.P1 : TRUE COPY OF THE REGULAR PERMIT VAILD TILL 29.12.2017.
EXT.P2 : TRUE COPY OF THE RENEWAL
APPLICATION DATED 14.12.2017.
EXT.P3 : TRUE COPY OF THE REPLACEMENT
APPLICATION DATED 12.02.2018.
EXT.P4 : TRUE COPY OF THE JUDGMENT OF THE
TRIBUNAL IN M.V.A.A.NO.270 OF 2018 DATED 20.9.2019.
RESPONDENT'S/S EXHIBITS: NIL
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