Kerala High Court
Rajesh Kumar vs The Regional Transport ... on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 27065 OF 2021
PETITIONER:
RAJESH KUMAR
S/O. BHASKARAN, PANTHALATT HOUSE, OLLUKKARA P. O., KUNNUKARA,
THRISSUR DISTRICT.
BY ADVS.
I.DINESH MENON
L.RAJESH NARAYAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR
REGIONAL TRANSPORT OFFICE, AYYANTHOLE P. O., THRISSUR - 680003.
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR
REGIONAL TRANSPORT OFFICE, AYYANTHOLE P. O., THRISSUR - 680003.
SMT.K.AMMINIKUTTY .SR.G.P..
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P.(C)No. 27065 of 2021
JUDGMENT
Dated this the 30th day of November, 2021.
The petitioner has impugned Ext.P11, based on
various contentions and assertions; primary of them
being that it has been issued without hearing him.
2. Sri.I.Dinesh Menon - learned counsel for the
petitioner, vehemently submitted that Ext.P11 is
incompetent because it has been issued in violation of
the settled declarations of this Court that the same could
have been issued only after hearing his client.
3. Smt.K.Amminikutty - learned Senior
Government Pleader, submitted that if the petitioner is
impugning Ext.P11 solely because it was issued without
W.P.(C)No. 27065 of 2021
hearing him, then the Secretory, Regional Transport,
Thrissur, can reconsider the same, after affording him
such an opportunity.
Taking note of the afore submissions, I allow this
writ petition and set aside Ext.P11; with a consequential
direction to the 2nd respondent to take up the application
of the petitioner for temporary permit and dispose of it
of afresh, after affording him an opportunity of being
heard; thus culminating in an appropriate order thereon,
as expeditiously as is possible but not later than one
week from the date of receipt of a copy of this judgment.
In order to obtain an expeditious compliance of the
directions afore, I direct the petitioner to mark
appearance before the 2nd respondent at 11:00 AM on
03.12.2021; on which day, the said Authority will either
W.P.(C)No. 27065 of 2021
hear him or fix another convenient date for hearing and
complete proceedings within the afore time frame.
Needless to say, a fresh decision will be taken by
the 2nd respondent in terms of the afore directions,
without being influenced or by trammeled by the
contents of Ext.P11.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Raj/30.11.2021.
W.P.(C)No. 27065 of 2021
APPENDIX OF WP(C) 27065/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
10.07.2018.
Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT DATED
16.07.2009.
Exhibit P3 TRUE COPY OF THE TEMPORARY PERMIT DATED
04.12.2015.
Exhibit P4 TRUE COPY OF THE TEMPORARY PERMIT DATED
19.02.2016.
Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED
21.01.2020.
Exhibit P6 TRUE COPY OF THE ORDER IN MP NO.539/2020
MVAA NO.126/2020 DATED 25.09.2020.
Exhibit P7 TRUE COPY OF THE TEMPORARY PERMIT DATED
22.03.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.9799/2021 DATED 07.05.2021.
Exhibit P9 TRUE COPY OF THE ORDER IN M.P.NO.608/2021 IN
MP NO.941/2017 IN MVAA NO.126/2020.
Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED
14.07.2009.
Exhibit P11 TRUE COPY OF THE PROCEEDINGS REJECTING
TEMPORARY PERMIT DATED 20.10.2021.
Exhibit P12 TRUE COPY OF REPORTED DECISION 1996 KHC 358.
