Shanavas vs The Regional Transport Authority
2021 Latest Caselaw 14707 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                        WP(C) NO. 13530 OF 2021
PETITIONER/S:

          SHANAVAS ,
          S/O. ABDUL JABBAR, P.K.P. HOUSE, MUKKUNNAM, KADAKKAL
          P.O, KOLLAM DISTRICT.

          BY ADV O.D.SIVADAS



RESPONDENT/S:

    1     THE REGIONAL TRANSPORT AUTHORITY
          THIRUVANANTHAPURAM(RURAL), ATTINGAL, PIN-695 101,
          REPRESENTED BY ITS SECRETARY.

    2     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM
          (RURAL), ATTINGAL, PIN-695 101

    3     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KOLLAM,
          PIN-691013


OTHER PRESENT:

          SR.GP BIMAL K NATH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.13530/2021                          2

                                  JUDGMENT

Petitioner applied for regular permit on an inter district route, Kallara-

Anchal evidenced by Ext.P1.Route enquiry report was submitted as Ext.P2.

Subsequently, by proceedings of the RTA, Kollam, evidenced by Ext.P3,

route permit was granted subject to the grant of concurrence from the first

respondent. Grievance of the petitioner is that, though the decision was

taken on 10/2/2021, permit has not been issued since the concurrence from

the first respondent is still awaited. Report furnished by the first respondent

through the learned senior Government Pleader indicates that, no final

decision could be taken by the first respondent. This seems to have caused

the delay.

2. Having heard the learned counsel for the petitioner and the learned

senior Government Pleader, I feel that the direction is liable to be given to

the first respondent to expedite the proceedings for consideration of grant

of concurrence as expeditiously as possible, in the next meeting of the

RTA, at any rate, within a period of one month from the date of receipt of a

copy of this judgment.

3. If there is no likelihood of the RTA meeting being convened within

the above period, appropriate decision shall be taken invoking Rule 13o of

the Motor Vehicles Rules within the above time limit itself. It shall be

conveyed to the third respondent forthwith. Depending on the decision of

the first respondent, the third respondent shall expedite the proceedings for

issue of permit in accordance with Ext.P3, immediately on receipt of report

from the first respondent.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS,Judge

dpk

APPENDIX OF WP(C) 13530/2021

PETITIONER ANNEXURE

Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 20.01.2020 SUBMITTED BY THE PETITIONER.

Exhibit P2 TRUE COPY OF THE ROUTE ENQUIRY REPORT DATED 27.01.2020.

Exhibit P3 TRUE COPY OF THE PROCEEDING DATED 10.02.2021 OF THE REGIONAL TRANSPORT AUTHORITY, KOLLAM.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 21.10.2020 IN W.P.(C) NO. 22527 OF 2020 RENDERED BY THIS HON'BLE COURT.

DOCUMENT PRODUCED AS EXT.P4 IS REPLACED BY

EXT.P4: TRUE COPY OF THE JUDGMENT DATED 18/8/2020 IN WP(c) nO.16877/2020 RENDERED BY THIS HON'BLE COURT.