Unknown vs By Advs
2021 Latest Caselaw 9475 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                       WP(C).No.6300 OF 2021(J)


PETITIONER

               JINO P.J.
               S/O.JOHNY, PUNNAKKARA HOUSE, VARANDARAPPILLY P.O.,
               PALLIKKUNNU, THRISSUR - 680 303.

               BY ADVS.
               SRI.P.DEEPAK
               SRI.K.T.RAVEENDRAN

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               THRISSUR, REP. BY ITS SECRETARY, CIVIL STATION,
               THRISSUR - 680 003.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY
               THRISSUR - 680 003.


               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                          2




WP(C).No.6300 OF 2021(J)




                                JUDGMENT

Dated this the 22nd day of March 2021

The petitioner herein, who is the holder of a

permit in relation to his vehicle, filed Ext.P2

application for variation. The grievance of the

petitioner is that, though it was filed on

16.12.2019, no final order has been passed.

2. On instruction, the learned Public

Prosecutor opposing the application submitted that

there is an overlapping to the extent of 12.45kms.

However, the application can be taken up and

considered in accordance with law, treating it as a

fresh application in the light of the variations

sought.

3. Accordingly, there will be a direction to

the 1st respondent to take up the above application

and to pass fresh orders, after giving a reasonable

WP(C).No.6300 OF 2021(J)

opportunity of being heard to the objectors, if

any, and also KSRTC. If there is no chance of the

matter being taken up within a period of six weeks

from the date of production of a copy of this

order, decision shall be taken on the basis of the

materials available on record, by circulation under

Rule 130 of the Kerala Motor Vehicles Rules, 1989.

The writ petition is disposed of, accordingly.

Sd/-

                                             SUNIL THOMAS
hmh                                               JUDGE





WP(C).No.6300 OF 2021(J)




                              APPENDIX


PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 A TRUE COPY OF THE REGULAR STAGE
                           CARRIAGE PERMIT.

EXHIBIT P2                 A TRUE COPY OF THE APPLICATION FOR
                           VARIATION OF PERMIT.

EXHIBIT P3                 A TRUE COPY OF THE JUDGMENT.

RESPONDENT'S/S EXHIBITS:          NIL