Sheeja Thomas vs The Regional Transport ...
2021 Latest Caselaw 13759 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                      WP(C) NO. 28227 OF 2020
PETITIONER/S:

           SHEEJA THOMAS
           AGED 45 YEARS
           THAKADIYELPARAMBIL HOUSE, CHANNANIKKAD P.O.,
           KOTTAYAM.

           BY ADV I.DINESH MENON



RESPONDENT/S:

    1      THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM,
           REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O.,
           KOTTAYAM - 686 002.

    2      THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
           COLLECTORATE P.O., KOTTAYAM - 686 002.

    3      SURESH K.S.
           KANIYARATHINKAL HOUSE, KOOROPPADA P.O.,
           KOTTAYAM - 686 502.

    4      KERALA STATE ROAD TRANSPORT CORPORATION
           REPRESENTED BY ITS CHAIRMAN, MANAGING DIRECTOR,
           TRANSPORT BHAVAN, THIRUVANANTHAPURAM - 695034.




           SRI.P.C.CHACKO(PARATHANAM)

           SR.GP K.P HARISH



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28227 OF 2020
                                  2



                            JUDGMENT

The petitioner has approached this court lamenting that the

objection filed by him as Ext.P7 against grant of stage carriage

permit has not been considered. He seeks a direction to consider

Ext.P7 and to take immediate action forthwith and to cancel the

alleged irregular permit made by the fourth respondent without any

proceedings, on a premise that the permit was a dead permit.

2. In reply, a counter affidavit has been filed by the first

respondent, the crucial part of which is extracted as follows:

"It is submitted that renewal of permit of stage

carriage KL-05-AL-7268 has considered by Regional

Transport Authority dated 02/02/2017 and rejected in

view of GO(P)No.42/2009 dated 14/07/2009. Then on

25/07/2017 Regional Transport Authority considered the

similar matters vide item No.113 and directed to consider

permit issued on or before 14/07/2009 as saved permit

in view of GO(P)No.8/2017 dated 23/03/2017 and

ordered to renew such permits as above. A true copy of

the decision dated 25/07/2017 of the Regional Transport WP(C) NO. 28227 OF 2020

Authority is produced herein and marked as Exhibit

R1(a). Then the holder of permit of stage carriage

KL-05-AL-7268 remitted the fee for renewal of permit

afresh and secretary, Regional Transport Authority,

Kottayam has renewed the permit in compliance with the

decision of Regional Transport Authority, Kottaym. The

permit has issued on 27/03/2017. Hence there are no

legal impediments from the part of this authority".

3. In the light of the above assertion, I am inclined to

dispose of the Writ Petition itself, directing that the respondent

authority shall take up Ext.P7 and pass appropriate orders as

expeditiously as possible, after giving reasonable opportunity of

being heard to the petitioner, affected parties and also the fourth

respondent regarding the scheme violation or any other violations if

any, in relation to Kottayam - Neendoor scheme.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 28227 OF 2020

The words "fourth respondent" occurring in the fifth line of the

1st paragraph of the judgment dated 02-07-2021 in

WP(C)28227/2020 is corrected and substituted as "third

respondent" as per order dated 06-08-2021 in IA 1/2021 in

WP(C)28227/2020(C).

sd/-

DEPUTY REGISTRAR WP(C) NO. 28227 OF 2020

APPENDIX OF WP(C) 28227/2020

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE PERMIT OF THE PETITIONER'S SERVICE WITH ITS PERMIT NO.P.ST.5/10052/2002.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 2/2/2017 IN ITEM NO.95.

EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED 23/3/2017 PUBLISHED IN THE GAZETTE OF KERALA.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 25/7/2017 IN ITEM NO.113.

EXHIBIT P5 TRUE COPY OF THE REQUEST BEFORE THE 2ND RESPONDENT DATED 14/7/2020.

EXHIBIT P6 TRUE COPY OF THE REQUEST BEFORE THE 2ND RESPONDENT DATED 5/9/2020.

EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 8/10/2020.

EXHIBIT P8 TRUE COPY OF THE REQUEST BEFORE THE PUBLIC INFORMATION OFFICER DATED 17/10/2020.

EXHIBIT P9 TRUE COPY OF THE REPLY ISSUED BY THE RTO DATED 17/11/2020.

EXHIBIT R1(a) A TRUE COPY OF THE DECISION DATED 25.07.2017 OF THE REGIONAL TRANSPORT AUTHORITY.