Haskar vs The Regional Transport Authority
2021 Latest Caselaw 12409 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.10012 OF 2021(B)


PETITIONER:

               HASKAR,
               S/O KUNHAHAMMED HAJI,
               ALANGADAN HOUSE, KARAKUNNU P.O,
               MANJERI, MALAPPURAM.

               BY ADV. SRI.K.V.GOPINATHAN NAIR


RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               MALAPPURAM,
               REPRESENTED BY ITS SECRETARY,
               CIVIL STATION ROAD, UPHILL,
               MALAPPURAM-676505.

      2        THE SECRETARY
               REGIONAL TRANSPORT AUTHORITY,
               MALAPPURAM,
               CIVIL STATION ROAD, UPHILL,
               MALAPPURAM-676505.


               SMT. VINITHA B GOVT. PLEADER


     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.10012 OF 2021(B)

                                         2



                                   JUDGMENT

Dated this the 11th day of May 2021

Admit. The Government Pleader takes notice for the

Respondent. The Writ petition has been filed, praying

for a direction to the respondents to comply with

Exhibit P3 judgment of the Tribunal and to pass final

orders by circulation invoking Rule 130 of the Kerala

motor vehicles Rules.

2. The petitioner, who is an existing stage-

carriage operator, operating service on the route

Chalikkal-Manjeri, had applied for variation of the

permit by curtailing the trip between Nilambur-Manjeri

and including a trip to the Appankavu colony. The 1st

respondent considered the application at the meeting

held on 07.01.2020 and rejected the same. The

petitioner took up the matter with the State Transport

Appellate Tribunal and the Tribunal by Exhibit P3

judgment allowed the appeal, set aside the order of the

1st respondent and directed the 1st respondent to

reconsider the application for variation taking into WP(C).No.10012 OF 2021(B)

consideration the report submitted by the enquiry

officer who had stated that the variation is beneficial

to the travelling public. Even though in Exhibit P3,

the Tribunal had directed issuance of orders within 2

months, the grievance of the petitioner is that no

orders have so far been issued.

3. In the light of the limited prayer that has

been made in the writ petition, it is ordered that the

1st respondent shall pass orders on the application

submitted by the petitioner for variation, having due

regard to Exhibit P1 report and the directions

contained in Exhibit P3 judgment of the Tribunal,

within one month from the date of receipt of a copy of

this judgment. The final orders shall be issued if

necessary, by circulation as provided in Rule 130 of

the Kerala Motor Vehicles Rules. The Writ petition is

disposed of as above.

Sd/-

T.R.RAVI, JUDGE

Pn WP(C).No.10012 OF 2021(B)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ENQUIRY REPORT DATED 12.11.2019.

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT NO.SC3/113713/2019/M DATED 7.1.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL IN M.V.A.A. NO.66 OF 2020 DATED 11.09.2020.