Kerala High Court
Shuhib N.N vs The Regional Transport Authority on 16 March, 2021
W.P.(C) No.6106/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.6106 OF 2021(K)
PETITIONER/S:
SHUHIB N.N.
AGED 38 YEARS
S/O. HAMSA N., NADUVILAKKANDY VELIYAMBRA,
CHAASSERY, PAZHASSIRAJA NAGAR P.O., KANNUR.
BY ADV. SRI.I.DINESH MENON
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY,
VADAKARA, REPRESENTED BY ITS SECRETARY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O., VADAKARA-
673101.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, VADAKARA, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O., VADAKARA-
673101.
3 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
BHAVAN, THIRUVANANTHAPURAM-695021.
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
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.6106/2021 2
JUDGMENT
Dated this the 16th day of March 2021
Petitioner herein is the holder of a regular permit to operate in the route
Manakkai - Guruvayur, as LSOS. Thereafter, he applied for a temporary permit
under section 87(1)(d) for continuing service. The above application was
dismissed by the authority by Ext.P4 order holding that the private operators
have no right to operate on the route having route length of 140 kms. This was
based on the Government Order dated 14/9/2020. Ext.P4 order is under attack
in the present writ petition.
2. Since the route length exceeded 140 kms, I cannot find fault with the
authority having rejected the application on that technical reason. Learned
counsel for the petitioner submitted that, he may be permitted to file application
limiting the route length to less than 140 kms and to satisfy the para maters laid
down in the Government Order.
3. Having considered the above facts, I am inclined to dispose of the writ
petition directing the petitioner herein to file appropriate application limiting the
route length to less than 140 kms. If such application is filed, it shall be
considered by the authority in accordance with law after giving reasonable
opportunity of being heard to all the parties including the KSRTC, and pass
appropriate orders in accordance with law, as expeditiously as possible, at any
rate within a period of one month from the date of filing of such application. It is
made clear that Ext.P4 order, in such case, will not stand in the way of the
authority entertaining such application on merits .
Regarding the timing,the authority shall also call for the report from the
AMVI . If the RTA meeting is not likely to be convened within the above time
limit, the authority shall take a decision on the basis of the objections filed by the
KSRTC and other objections, if any, by adopting Rule 130 of the Motor Vehicles
Rules.
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 PERMIT DATED
27/06/2016.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION NO. GO(MS)
NO.45/2015 DATED 20/08/2015.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED
15/09/2020.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED
18/02/2021.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN MVAA
NO.7/2021 DATED 08/01/2021.
