Majeed M vs The Regional Transport Authority
2021 Latest Caselaw 12407 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.10240 OF 2021(D)


PETITIONER/S:

                MAJEED M.
                AGED 54 YEARS
                S/O. MUHAMMED KHANI RAWTHER, DHARUSALAM,
                KAMBRATHUCHALLA, MUTHALAMADA, CHITTOOR, PALAKKAD 678
                507

                BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

      1         THE REGIONAL TRANSPORT AUTHORITY
                PALAKKAD, REGIONAL TRANSPORT OFFICE, CIVIL STATION
                P.O, PALAKKAD 678 001

      2         THE SECRETARY,
                REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REGIONAL
                TRANSPORT OFFICE, CIVIL STATION P.O, PALAKKAD 678 001


OTHER PRESENT:

                GP MABLE C KURIEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10240 OF 2021(D)

                                 2




                         JUDGMENT

Dated this the 11th day of May 2021

Admit.

The Government Pleader takes notice for the respondent.

2. Heard.

3. The prayer in the Writ petition is for a direction to

the 2nd respondent to place Ext.P2 application for variation of

the conditions of the permit on the route Govindapuram-

Chittoor before the Chairman, RTA, Palakkad and procure

orders on the application for variation by circulation of papers

under Rule 130 of the Kerala Motor Vehicles Rules. The

petitioner is an existing stage carriage operator on the above

stated route and Ext.P1 permit issued to him is valid till

13.3.2022. He submitted Ext.P2 application on 22.08.2019

seeking two variations in the permit. The field officer has

enquired into the variations sought for and submitted Ext.P4

report, stating that the variation sought for is in public

interest. Ext.P4 report was filed on 07.01.2021 and the

grievance of the petitioner is that the petition is ripe for WP(C).No.10240 OF 2021(D)

consideration and that even though there have been RTA

meetings scheduled thereafter, Ext.P2 application was not

taken up and considered.

4. The learned Government Pleader on instructions

submitted that the application can be considered in the next

RTA meeting.

In the above circumstances, the writ petition is disposed

of directing the respondents to take up and pass appropriate

orders on Ext.P2 application, as expeditiously as possible, at

any rate within a period of 6 weeks from the date of receipt of

a copy of this judgment. If the RTA meeting cannot be

convened and held during the aforesaid period, for any

reasons beyond the control of the RTA, the petition shall be

taken up and ordered adopting the procedure under Rule 130

of the Kerala Motor Vehicles Rules, after considering any

objections to the grant of the variations sought for by the

petitioner.

Sd/-

                                                       T.R.RAVI
  Dxy                                                   JUDGE
 WP(C).No.10240 OF 2021(D)






                            APPENDIX
  PETITIONER'S/S EXHIBITS:

  EXHIBIT P1          TRUE COPY OF THE PERMIT ISSUED TO THE
                      PETITIONER.

  EXHIBIT P2          TRUE COPY OF THE APPLICATION DATED 22-
                      08-2019

  EXHIBIT P3          TRUE COPY OF THE SKETCH OF THE ROUTE

  EXHIBIT P4          TRUE COPY OF THE REPORT OF THE FIELD
                      OFFICER DT 7-01-2021

  EXHIBIT P5          TRUE COPY OF THE JUDGMENT IN WP(C) NO.
                      6056/2021 DATED 8-4-2021