Baiju Sivan vs The Regional Transport Authority
2021 Latest Caselaw 23170 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                       WP(C) NO. 25013 OF 2021
PETITIONER:

          BAIJU SIVAN,AGED 41 YEARS,S/O.MANI V.D.,
          VELUTHEDATHPARAMBIL HOUSE, CHERAI P.O., ERNAKULAM
          DISTRICT

          BY ADVS.
          M.JITHESH MENON
          K.INDU (POURNAMI)
          R.BRIJESH
          P.G.MAHESHKUMAR


RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY,ERNAKULAM, CIVIL
          STATION, KAKKANAD, KOCHI 682 030, REP.BY ITS SECRETARY

    2     THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,
          CIVIL STATION, KAKKANAD, KOCHI 682 030

    3     THE KERALA STATE ROAD TRANSPORT CORPORATION,REP.BY ITS
          DISTRICT TRANSPORT OFFICER, ERNAKULAM KOCHI 682 011

          SR. GP SRI. BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.25013 OF 2021
                                        2



                                JUDGMENT

The petitioner has submitted Ext P1 application

for issuance of regular permit to operate on the

route Ernakulam High Court junction - North Paravur

in the vacant timings of stage carriage bearing

No.KL-7/AW-4668. The application is not considered

for the reason that the renewal application

submitted in respect of KL-7/AW-4668 is pending

before the authority. It is on the said averments

the petitioner has approached this Court.

2. Heard.

3. Drawing the attention of this Court to Ext

P4, the request of the owner of vehicle No.KL-7/AW-

4668 to withdraw the renewal application, and Ext P5

the agenda for the meeting dated 28.10.2021 of the

RTA whereunder as item No.87 the application for

withdrawal was placed for consideration, the learned

counsel submits that in view of the proposed

withdrawal of the renewal application, his

application for issuance of regular permit is liable W.P(C) NO.25013 OF 2021

to be considered.

4. Orders are yet to be passed on the withdrawal

application(Ext.P4). The authority is bound to take

decision on Ext P4 application and consequently pass

appropriate orders on the petitioner's application

for regular permit application (Ext P1).

Accordingly, without expressing anything on the

merits, the writ petition is disposed of directing

the 1st respondent to consider Ext P4 application for

withdrawal of the renewal application and pass

appropriate orders within a period of one month from

today. Thereafter, the petitioner's application for

temporary permit and regular permit shall be taken

up for consideration and appropriate orders passed.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.25013 OF 2021

APPENDIX OF WP(C) 25013/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER DATED 19.8.2019

Exhibit P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 1.2.2020

Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 6.10.2021

Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE ORIGINAL PERMIT HOLDER OF STAGE CARRIAGE KL-7/AW.4668 DATED 24.11.2020

Exhibit P5 TRUE EXTRACT OF THE AGENDA FOR MEETING OF THE 1ST RESPONDENT HELD ON 28.10.2021, RELATING TO ITEM 87, FOR THE WITHDRAWAL OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PERMIT HOLDER OF STAGE CARRIAGE KL-7/AW. 4668

Exhibit P6 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 11.10.2021

Exhibit P7 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER DATED 11.10.2021