Jose Mathew vs The Regional Transport Authority
2021 Latest Caselaw 10399 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.4916 OF 2021(L)


PETITIONER:

               JOSE MATHEW
               AGED 55 YEARS
               S/O MATHEW,
               PARAKULANGARA HOUSE,
               ERUMELY.P.O,
               KOTTAYAM.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               IDUKKI,
               COLLECTORATE.P.O,
               IDUKKI-PAINAVU-685603.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY,
               IDUKKI,
               COLLECTORATE.P.O,
               IDUKKI-PAINAVU-685603.

      3        THE KERALA STATE ROAD TRANSPORT CORPORATION,
               REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
               TRANSPORT BHAVAN,
               FORT.P.O,
               THIRUVANANTHAPURAM-695023.

               R3 BY ADV. SRI.P.C.CHACKO(PARATHANAM)

OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).4916/2021
                                     2




                              JUDGMENT

Petitioner is the holder of the regular permit on the route

Kottayam-Nedumkandam. While so, he filed application for temporary

permit. In the light of the draft notification confining the distance of

private stage carriage upto 140 kms, he filed an application for

confining it to less than 140 kms. The grievance of the petitioner is

that, above application now pending as Ext.P3 followed by Ext.P4 is not

being taken up and considered.

2. Heard the learned counsel for the petitioner, learned Senior

Government Pleader and the learned Standing Counsel for the KSRTC,

Adv.P.C.Chacko.

3. It was submitted earlier that a copy of Exts.P3 and P4 are not

seen received by the Transport Department. Hence, case was

adjourned for enabling the petitioner to submit a copy of the above

application. Accordingly, it was submitted today that, copy has been

served and acknowledgement received.

4. In the light of the above submission, I am inclined to dispose

of the Writ Petition directing the authority to consider Ext.P3 in the

light of Ext.P4 as expeditiously as possible, at any rate, within a period

of four weeks from the date of receipt of a copy of this judgment.

KSRTC shall, in the meanwhile, file an objection in writing so that, if for W.P(C).4916/2021

any reason, the above application cannot be taken up by the RTA, final

orders shall be passed by invoking Rule 130 of the Kerala Motor

Vehicles Rules, having regard to the objections laid by the KSRTC also.

Writ Petition is disposed of as above.

Sd/-

                                               SUNIL THOMAS

Sbna                                                JUDGE
 W.P(C).4916/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE   COPY       OF    THE    REGULAR     PERMIT    OF
                     PETITIONER.

EXHIBIT P2           TRUE   COPY       OF     THE    NOTIFICATION       DATED
                     15.09.2020.

EXHIBIT P3           TRUE   COPY   OF   THE   TEMPORARY                PERMIT
                     APPLICATION DATED 18.2.2021.

EXHIBIT P4           TRUE COPY        OF    THE   COVERING    LETTER   DATED
                     18.2.2021.