Kerala High Court
Contempt Case(C) No.535/2021(S) ... vs By Advocate Sri. K.V.Gopinathan ... on 22 March, 2021
Con.Case(C) 535/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
nd st
Monday,the 22 day of March 2021/1 Chaithra, 1943
Contempt Case(C) No.535/2021(S) in WP(C) No.25387/2020
PETITIONER/PETITIONER
For information purpose only
HASNA T.K., W/O.JHAMSHI V.M., AGED 45 YEARS
VELLAYUR MADATHIL HOUSE,ERANJIKKUNNU, CHATHANGOTTUPURAM,
WANDOOR P.O., NILAMBUR, MALAPPURAM.
BY ADVOCATE SRI. K.V.GOPINATHAN NAIR
RESPONDENT/RESPONDENT
JOSHY K.,
SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION ROAD, UPHILL, MALAPPURAM - 676 505.
This Contempt of Court Case(Civil) having come up for orders on
22/03/2021,the Court on the same day passed the following:
P.T.O.
RAJA VIJAYARAGHAVAN V, J
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Cont.Case (C) No.535 of 2021
in
W.P.(C) No.25387 of 2020
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For information purpose only
Dated this the 22nd day of March, 2021
ORDER
The petitioner herein had approached this Court complaining that his
application for renewal of permit has not been considered by the Secretary,
RTA, Malappuram. This Court, taking note of the fact that the field officer
had already submitted his report that the permit requires to be renewed
taking note of the convenience of public and students, disposed of the writ
petition after hearing the submissions of both sides by judgment dated
19.11.2020. The respondent was directed to pass final orders on Exhibit-P2
application seeking renewal, expeditiously, at any rate, within a period of
four weeks from the date of receipt of a copy of this judgment.
2. The petitioner states that though the certified copy of the
judgment was produced before the respondent on 30.11.2020 seeking
compliance, no orders have been passed till date.
3. The learned Senior Government Pleader, on instructions,
submits that on 10.3.2021, an order has been passed by the Chief Electoral
Cont.Case (C) No.535 of 2021
W.P.(C) No.25387 of 2020
Officer based on an application filed by the General Secretary, Kerala State
Private Bus Operators Federation that all RTA Board meeting and the
process of issuing permits and convening of timing conferences shall be
For information purpose only
deferred till the election process is over.
4. A learned Single Judge of this Court in Basheer T.M. v.
Secretary, RTA, Ekm and Ors. [2016 (2) KLT 108] has held that the RTA
or its Secretary are exercising quasi judicial functions in dealing with the
applications for permit or settlement of timings. The statutory exercise by a
quasi judicial authority shall not be deferred on the premise of the model
code of conduct and the RTA as well as the Secretary is required to take the
proceedings to a logical end soon unless tied down by election duty
assigned to them. It was also held that the grant of permits or its renewal
or the settling of settlement of timings are not a bounty but a valuable right
to the operators restricted reasonably by the Motor Vehicles Act. At any
rate, the judgment was rendered on 19.11.2020 granting four weeks to
consider and pass orders on the renewal of permit and in that view of the
matter, the respondent cannot bank on the order dated 10.3.2021 to ignore
the directions.
5. In that view of the matter, if the directions in the order is not
complied with on or before 05.4.2021, the respondent shall appear before
Cont.Case (C) No.535 of 2021
W.P.(C) No.25387 of 2020
this Court in person and show cause why he shall not be proceeded against
for wilfully flouting the directions of this Court.
Post on 05.04.2021.
For information purpose only
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010166932021 5/5
EXHIBIT P2 - TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED
27/10/2020.
For information purpose only
