Musthafa .T vs The Regional Transport Authority
2021 Latest Caselaw 12912 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
      MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                       WP(C) NO. 10742 OF 2021

PETITIONER:

      1        MUSTHAFA .T
               AGED 38 YEARS
               S/O. MOOSA HAJI, THARAYIL HOUSE,
               MAKKARAPARAMBA P.O., MALAPPURAM DISTRICT.

               BY ADV SAJU J.VALLYARA

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               MALAPPURAM, REPRESENTED BY ITS SECRETARY, CIVIL
               STATION, MALAPPURAM P.O., PIN-676505,
               MALAPPURAM DISTRICT.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL
               STATION, MALAPPURAM P.O., PIN-676505,
               MALAPPURAM DISTRICT.


OTHER PRESENT:

               GP SMT. B.VINITHA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.10742 OF 2021

                                           2




                                  JUDGMENT

Dated this the 14th day of June 2021

The petitioner, a stage carriage operator, has

submitted application for grant of regular permit to

operate on the route Makkaraparamba-Pazhamallur City

(via) Kuruva and Samoosappady as ordinary service.

Along with the application, a covering letter explaining

the need for granting the permit has also been

submitted. The grievance of the petitioner is regarding

the delay in taking up his application, despite the

urgency pointed out. The suggestion put forth is to take

up the application by circulation of papers, as provided in

Rule 130 of the Kerala Motor Vehicles Rules.

2. Learned Government Pleader, on instructions,

submits that Malappuram is presently under lockdown

and the office of the respondents is functioning only

sparsely. It is submitted that sufficient time is required

for taking up of an application for regular permit even by

circulation.

Having considered the submissions put forth by the W.P.(C)NO.10742 OF 2021

learned Counsel for the petitioner and the learned

Government Pleader, I am inclined to dispose the writ

petition, directing Ext.P1 application submitted by the

petitioner to be taken up through circulation, in the

manner provided under Rule 130 of the Kerala Motor

Vehicles Rules and to take a decision thereon within an

outer limit of two months from the date of receipt of a

copy of this judgment.

The writ petition is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/14.06.21 W.P.(C)NO.10742 OF 2021

APPENDIX OF WP(C) 10742/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 18.2.2021.

EXHIBIT P2 PHOTOCOPY OF THE COVERING LETTER DATED 18.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH EXHIBIT P-1 APPLICATION.

EXHIBIT P3 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 31.3.2021.

EXHIBIT P4 PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.5772/2021 DATED 30.3.2021.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE