P.K.V.Mohan vs The Secretary
2021 Latest Caselaw 2921 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.6691 OF 2019(J)


PETITIONER:

               P.K.V.MOHAN
               AGED 51 YEARS
               S/O. VELAYUDHAN,
               PARAKKAL HOUSE, ATHIPOTT, ALATHUR,
               PALAKKAD.

               BY ADVS.
               SRI.M.R.VENUGOPAL
               SMT.DHANYA P.ASHOKAN

RESPONDENTS:

      1        THE SECRETARY
               REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT
               OFFICER (RTO),
               PALAKKAD 678 001.

      2        THE REGIONAL TRANSPORT AUTHORITY,
               PALAKKAD, REPRESENTED BY ITS SECRETARY, 678 001.

      3        THE DISTRICT COLLECTOR,
               DISTRICT COLLECTOR OFFICE,
               PALAKKAD 678 001.


OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6691 OF 2019(J)
                                2




                           JUDGMENT

Dated this the 27th day of January 2021

The petitioner herein has approached this Court

aggrieved by the rejection of his application for temporary

permit. It was held by this Court on 02.04.2019 that the

petitioner is entitled to challenge that order before the

Appellate Authority. Accordingly, it was challenged by

Ext.P9 judgment. The appeal was allowed and impugned

order was set aside. The second respondent was directed

to grant temporary permit to the appellant if there is no

other legal impediments.

2. The prayer in the IA which supplements the

prayer in the original writ petition is that respondents 1

and 2 may be directed to dispose of Ext.P2 application for

regular permit in the light of Ext.P9 judgment.

3. When the matter was taken up, the learned

Senior Government Pleader submitted that the matter can

be placed before the next RTA meeting. WP(C).No.6691 OF 2019(J)

4. Accordingly, I am inclined to dispose of the writ

petition itself directing respondents 1 and 2 to take up

Ext.P2 application and to pass appropriate orders as

expeditiously as possible, at any rate, within a period of

six weeks from the date of production of a copy of this

judgment, having regard to the observation in Ext.P9 that

no other further proceedings are pending before the CTO,

Tamil Nadu.

The writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/28-1 WP(C).No.6691 OF 2019(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER ON THE ROUTE WALAYALAR RAILWAY COLONY DATED 4.9.2003.

EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 11.1.2018 SUBMITTED TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE CHALAN/CASH RECEIPT DATED 11.1.2018 EVIDENCING THE PAYMENT OF RS. 5,900/-.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 19.3.2018 IN WPC NO. 40338/2017.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 14.2.2012 IN WPC NO. 1384/2012 OF THE HIGH COURT OF JUDICATURE AT MADRAS.

EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 12.3.2012 ISSUED BY THE DISTRICT COLLECTOR, PALAKKAD.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE FIRST RESPONDENT DATED 15.11.2018.

EXHIBIT P8 TRUE COPY OF THE PROCEEDING DATED 7/2/2019 ISSUED TO THE PETITIONER BY THE FIRST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DT.06/07/19 IN MVAA NO.91/19 OF THE STATE TRANSPORT APPELLATE TRIBUNAL.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE