Kerala High Court
Sethu Lakshmi vs The Regional Transport ... on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
WP(C) NO. 21098 OF 2021
PETITIONER:
SETHU LAKSHMI, AGED 60 YEARS
W/O.JAYADHEEP, DEEPASREE, PAYYANNUR, KANNUR.
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, KANNUR
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
KANNUR - 670 001.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, KANNUR, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O., KANNUR - 670 001.
3 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION, CHIEF OFFICE,
THIRUVANANTHAPURAM - 695034.
SMT. SURYA BINOY- SR. G.P
BY ADV P.C.CHACKO(PARATHANAM)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21098 OF 2021
2
JUDGMENT
The petitioner has approached this Court seeking a
direction to the Regional Transport Authority (RTA), Kannur,
to pass orders on Exts.P4 and P5 applications for renewal and
variation respectively on the restricted route of Payyannur -
Kozhikode, which she says is only 130 kms., in respect of her
vehicle bearing No.KL-59 Q 5067, in lieu of the basic route of
Rajagiri - Kozhikode; and to issue appropriate orders thereon
within a time frame to be fixed by this Court.
2. I have heard Sri.I.Dinesh Menon, learned counsel
appearing for the petitioner; Smt.Surya Binoy, learned Senior
Government Pleader for respondents 1 and 2 and the learned
Standing Counsel - Sri.P.C.Chacko for the 3rd respondent -
Kerala State Road Transport Corporation (KSRTC).
3. Smt.Surya Binoy, learned Senior Government Pleader,
submitted that if the petitioner only requires consideration of
her aforementioned applications, there does not appear to be
any legal impediment for the RTA in doing so; but prayed that
this Court may not make any affirmative declarations in
WP(C) NO. 21098 OF 2021
favour of the petitioner and leave it to the said respondent to
take an appropriate decision thereon, as per law.
4. Sri.P.C.Chacko, learned Standing Counsel for the
KSRTC, however, submitted that the RTA be directed to
complete the proceedings on the applications of the petitioner
only after verifying that the route is within 140 kms, as is
required under law. He submitted that, therefore, if required,
the RTA may be directed to hear the Authorized Official of the
KSRTC also.
5. When I consider the afore submissions, it is without
doubt that if the petitioner's applications for renewal and
variation of the permit are still pending before the RTA, then
the same will require to be considered and disposed of, after
hearing her, as also the Authorized Official of the KSRTC.
6. In the afore circumstances, I allow this writ petition
and direct the 1st respondent - RTA to take up Exts.P4 and P5
applications of the petitioner and dispose it of, after affording
her, as also the Authorized Official of the KSRTC an
opportunity of being heard - either physically or through
video conferencing - thus culminating in an appropriate order
WP(C) NO. 21098 OF 2021
thereon, as expeditiously as is possible, but not later than two
months from the date of receipt of a copy of this judgment.
7. Needless to say, if no meeting of the RTA is held
within the above time frame, then the directions above shall
be completed through circulation.
8. At this time, Sri.I.Dinesh Menon - learned counsel for
the petitioner, pleaded that the 2nd respondent - Secretary of
RTA be directed to consider Ext.P6 application for temporary
permit. Since I notice that similar directions have been issued
by this Court in analogous matters, including in Ext.P8
judgment, I deem it appropriate to accede to this request.
I consequently, direct the 2nd respondent to take up
Ext.P6 and issue appropriate orders thereon, adverting to my
observations and directions above, within a period of two
weeks from the date of receipt of a copy of this judgment.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 21098 OF 2021
APPENDIX OF WP(C) 21098/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TIMINGS OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF ORDER GO(MS) NO.45/2015
DATED 20/8/2015.
Exhibit P3 TRUE COPY OF THE GO(MS) NO.22/2020/TRANS
DATED 01/7/2020.
Exhibit P4 TRUE COPY OF THE APPLICATION FOR RENEWAL
DATED 13/3/2018.
Exhibit P5 TRUE COPY OF THE APPLICATION FOR
VARIATION DATED 13/3/2018.
Exhibit P6 TRUE COPY OF THE TEMPORARY PERMIT
APPLICATION DATED 29/9/2021.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WP(C)
NO.14623/2021 DATED 12/8/2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.17631/2020 DATED 02/09/2021.
