Baby Antos vs The Regional Transport Authority
2021 Latest Caselaw 770 Ker

W.P.(C) No.29179/2020               1


              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.29179 OF 2020(V)


PETITIONER:

               BABY ANTOS
               AGED 42 YEARS
               S/O. JOSEPH, PARAYIL HOUSE, EDAMARUKU P.O, PALA 686
               652

               BY ADV. SRI.I.DINESH MENON

RESPONDENT:

       1       THE REGIONAL TRANSPORT AUTHORITY
               ERNAKULAM, CIVIL STATION P.O, KAKKANAD 682 030

       2       THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL
               STATION P.O, KAKKANAD 682 030


OTHER PRESENT:

               SR.GP-SRI.HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.29179/2020                    2




                                  JUDGMENT

Dated this the 8th day of January 2021

Petitioner herein is a regular permit holder in relation to the vehicle bearing

No. KL-05 AP 7620. The route in question is having a route length of about 140

kms. Permit expired on 4/3/2015 and he has been operating the vehicle with the

aid of temporary permit. An application for renewal of permit was submitted by

him in time. However, grievance of the petitioner is that, renewal application has

not been processed with the application for replacement, which is also now

pending.

2. When the matter was taken up, learned Government Pleader submitted

that, the application was processed. However, the route length stated in the

original application exceeds140 kms. Further, consent was not obtained from him

for limiting the route length. It could not be finalised. Petitioner has now

impleaded the KSRTC and also submitted that an application for limiting the

route length to less than 140 kms has been submitted. This is recorded.

Learned Standing Counsel Sri.P.C.Chacko takes notice for the KSRTC.

3. Accordingly, I am inclined to dispose of the writ petition with a direction

to the first respondent, RTA to take up and consider the application for renewal in

accordance with law, after hearing the KSRTC and also in the light of the

modified route length which is stated to have been filed. Appropriate orders shall

be passed as expeditiously as possible, at any rate , within a period of one

month from the date of production of a copy of this judgment. Thereafter, subject

to it, application for replacement shall be considered.

4. It is made clear that, if there is no possibility of the RTA meeting being

convened within the above stipulated time, RTA will be free to adopt procedure

under Rule 130 of the Kerala Motor Vehicles Rules after giving an opportunity to

the KSRTC to raise objection, if any.

Sd/-

                                                    SUNIL THOMAS

dpk                                                       JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE REGUALR PERMIT DATED 11-
                        06-1029

EXHIBIT P2              TRUE COPY OF THE RENEWAL APPLICATION DATED
                        18-2-2020

EXHIBIT P3              TRUE COPY OF THE NOTIFICATION NO. GO(MS)
                        NO. 22/2020 DATED 1-7-2020

EXHIBIT P4              TRUE COPY OF THE REQUEST DATED 18-2-2020

EXHIBIT P5              TRUE COPY OF THE REPLACEMENT APPLICATION
                        DATED 18-12-2020