Danty Joseph vs The Regional Transport Authority
2021 Latest Caselaw 732 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      WP(C).No.27154 OF 2020(T)


PETITIONER:

               DANTY JOSEPH
               AGED 50 YEARS
               S/O. JOSEPH,
               NIRAPPATH HOUSE,
               THABORE P.O,
               MUKANNUR VIA,
               ERNAKULAM DISTRICT-683 577

               BY ADV. SRI.SAJEEV KUMAR K.GOPAL

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               CIVIL STATION,
               KAKKANAD,
               ERNAKULAM-682 021

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY,
               CIVIL STATION,
               KAKKANAD,
               ERNAKULAM-682 021

      3        RAJITH,
               S/O. KARUNAKARAN,
               ARACKAL HOUSE,
               MANJIKKAD,
               THABORE P.O,
               MUKANNUR VIA,
               ERNAKULAM DISTRICT-683 577

               R3 BY ADV. SRI.O.D.SIVADAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27154 OF 2020

                                         2




                                   JUDGMENT

Dated this the 8th day of January 2021

Exhibit P12 order was passed by the State

Transport Appellate Tribunal (STAT), directing

the first respondent Regional Transport

Authority (RTA) to grand variations sought

within one month from the date of receipt of a

copy of that judgment.

2. Purported to be in accordance with that,

Ext.P14 order was issued by the secretary RTA.

This is under challenge in this Court on the

essential premise that the variation was granted

by the secretary, who has no authority to pass

orders which are vested with the RTA. On the

other hand, contention of the learned counsel

for the contesting respondent is that, pursuant

to the direction of the STAT, the order was

passed by the authority.

3. It was the contention of the learned WP(C).No.27154 OF 2020

counsel for the contesting petitioner that since

Ext.P12 was not implemented, he approached the

Court and the Court directed its implementation.

However, if the variation has been ordered by

the secretary RTA, if that base, so that order

cannot be sustained.

4. The grievance of the petitioner herein is

that, RTA meetings are not being held and hence,

if at all the order is set aside and the

directions given to the RTA to pass fresh

orders, it may be done by circulation. He also

contented that the petitioner herein never

raised any objection as is evident from the

earlier proceedings.

5. Having considered this, I am inclined to

allow the original petition and direct the RTA

to pass fresh orders as directed by the STAT, as

expeditiously as possible, within one month from

the date of production of a copy of this

judgment. It is made clear that in case the

direction cannot be complied within one month, WP(C).No.27154 OF 2020

if the RTA meetings are not likely to be

convened in the interregnum, decisions can be

taken by adopting Rule 130 of the Kerala Motor

Vehicle Rules. The petitioner herein shall file

objections if any, before the RTA in advance,

which shall be take in consideration by the

authority. It is made clear that no separate

opportunity of hearing need be given to the

petitioner in the circumstances.

Sd/-

                                                     SUNIL THOMAS
                                                              JUDGE




    Jms                                     //True Copy// P.A to Judge
 WP(C).No.27154 OF 2020





                             APPENDIX
    PETITIONER'S EXHIBITS:

    EXHIBIT P1           TRUE COPY OF THE REGULAR PERMIT IN

RESPECT OF STAGE CARRIAGE KL 41-8753.

EXHIBIT P2 TRUE COPY OF THE TIME SCHEDULE IN RESPECT OF STAGE CARRIAGE KL 41-8753.

EXHIBIT P3 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL 41A-8357.

EXHIBIT P4 TRUE COPY OF THE TIME SCHEDULE IN RESPECT OF STAGE CARRIAGE BEARING REGISTRATION NO. KL 41A-8357

EXHIBIT P5 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL 63-7095

EXHIBIT P6 TRUE COPY OF THE TIME SCHEDULE IN RESPECT OF STAGE CARRIAGE KL 63-7095.

EXHIBIT P7 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 17.05.2017 IN ITEM NO. 33.

EXHIBIT P8 TRUE COPY OF THE DECISION OF THE RTA DATED 02.08.2018.

EXHIBIT P9 TRUE COPY OF THE DECISION OF THE RTA AT IT MEETING HELD ON 19.01.2019 IN ITEM NO.2.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL IN M.V.A.A. NO. 98/2019 DATED 26.06.2019 BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM.

EXHIBIT P11 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 18.09.2019 IN ADDITIONAL ITEM NO.8.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT OF THE TRIBUNAL IN M.V.A.A. NO. 257/2019 DATED 06.02.2020.

EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

11738/2020 OF THIS HON'BLE COURT. WP(C).No.27154 OF 2020

EXHIBIT P14 TRUE COPY OF THE ORDER NO.C 1/194440/2016/E DATED 22.07.2020.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 18.09.2020 VIDE NO. C1/194440/2016/E ISSUED BY THE 2ND RESPONDENT.

//True Copy// P.A to Judge