Jiji Kurian vs The Regional Transport Authority
2021 Latest Caselaw 7105 Ker

W.P.(C) No.4190/2021                 1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                         WP(C).No.4190 OF 2021(W)


PETITIONER:

               JIJI KURIAN,
               AGED 48 YEARS
               S/O. JOSEPH, PALLIPALRAMBIL HOUSE, PERUMBILLISSERY,
               CHERPU P.O, THRISSUR 680 561

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

               THE REGIONAL TRANSPORT AUTHORITY
               PALAKKAD, REPRESENTED BY ITS SECRETARY,
               COLLECTORATE P.O, PALAKKAD COLLECTORATE P.O,
               PALAKKAD 678 001

                  2.   THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
                       PALAKKAD, COLLECTORATE P.O., PALAKKAD 678001


OTHER PRESENT:

               SR.GP BIMAL K.NATH
                 GOVT.PLEADER SRI.BIMAL K.NATH
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.4190/2021                   2




                                JUDGMENT

Dated this the 1st day of March 2021

Petitioner is the holder of regular permit in an inter district route which

was valid up to 13/1/2021. Application for renewal was submitted on

29/1/2021 along with an application for condonation of delay. According to

the petitioner, though identical matters were included in the RTA meeting

held on 11/2/2020, the application submitted by the petitioner was not

included.

2. Responding the above, learned senior government pleader

submitted that, since it is an inter district route, report was called from the

RTA, Thrissur and the instruction is awaited. Hence, the matter could not

be boarded in the meeting held on 11/2/2020. The learned counsel for the

petitioner vehemently contended that the case at hand being one for

renewal of permit, concurrence was not required. It was controverted by

the learned senior Government pleader. I am not inclined to go into that

aspect of the matter, since the report has already been called for.

3. Having considered the above, I am inclined to dispose of the writ

petition by directing the 2nd respondent to expedite the process of getting

the report from the RTA, Thrissur and to place it before the next meeting

of the RTA . RTA shall pass appropriate orders within a period of six weeks

from the date of receipt of copy of this Judgment . If the above meeting

is not likely to be convened due to any reason beyond the control of the

first respondent, the first respondent shall pass appropriate orders on

Ext.P3 and subject to the result of it, on Ext.P2 by invoking the procedure

under section 130 of the Kerala Motor Vehicles Rules, as expeditiously as

possible, at any rate, within the above period of six weeks on the basis of

the materials available on record.

The writ petition is disposed of as above.

Sd/-

                                                   SUNIL THOMAS

dpk                                                   JUDGE




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE REGULAR PEERMIT ISSUED TO
                       THE PETITIONER DATED 22-05-2019

EXHIBIT P2             TRUE COPY OF THE RENEWAL APPLICATIONM FILED
                       BEFORE THE RESPONDENTS DATED 29-01-2021

EXHIBIT P3             TRUE COPY OF THE DELAY PETITION DATED 29-
                       01-2021