Citation : 2021 Latest Caselaw 20748 Ker
Judgement Date : 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. 19806 OF 2021
PETITIONER:
RAMEES MOHAMMED.K.K
AGED 25 YEARS
S/O.KAMARUDHEEN, KANJIRAPARAMBIL HOUSE, VEDIMARA,
NORTH PARUR.
BY ADV M.JITHESH MENON
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY
ERNAKULAM, CIVIL STATION, CIVIL LINES, KAKKANAD,
KOCHI - 682030, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL
STATION, CIVIL LINES, KAKKANAD, KOCHI - 682030,
3 THE KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER,
ERNAKULAM, KOCHI - 682011
BY ADV P.C.CHACKO(PARATHANAM)
SMT. SURYA BINOY- SR. G.P
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. 19806 OF 2021 2
JUDGMENT
The petitioner has approached this Court seeking
that his application for regular permit, namely
Ext.P1, be directed to be considered by the 1st
respondent - Regional Transport Authority, within a
time frame to be fixed by this Court.
2. The petitioner alleges that Ext.P1 has been
kept pending from the year 2019, merely because a
draft notification, dated 14.09.2020, is published;
and he, therefore, prays that if the 1st respondent is
unable to consider it in its meeting, then same be
directed to be considered through circulation.
3. The learned Senior Government Pleader,
Smt.Surya Binoy, submitted that meeting of the 1st
respondent - Regional Transport Authority, is
scheduled on 28.10.2021 and that petitioner's
application, namely Ext.P1, will be considered on
that day.
4. Shri.P.C.Chacko, learned Standing Counsel for
the Kerala State Road Transport Corporation (KSRTC)
requested that when the 1st respondent considers the
petitioner's application, his client also be given an
opportunity of being heard.
Taking note of the afore circumstances, I allow
this writ petition and direct the 1st respondent to
consider the petitioner's application, namely Ext.P1,
in its next meeting - which is stated to be scheduled
on 28.10.2021. If, for any reason, the meeting is not
held or is adjourned for any purpose, then the
petitioner's application will be considered through
circulation and appropriate orders will be issued
thereon.
The afore exercise - culminating in an
appropriate order, either through a physical meeting
or through circulation - shall be completed by the 1st
respondent, after hearing the petitioner as also the
Officer concerned of the 3rd respondent - KSRTC, as
expeditiously as is possible, but not later than one
month from 28.10.2021.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/5.10
APPENDIX OF WP(C) 19806/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT APPLICATION SUBMITTED BY THE PETITIONER DATED 22.11.2019.
Exhibit P2 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER DATED 22.11.2019.
Exhibit P3 TRUE COPY OF THE RECEIPT DATED 22.11.2019.
Exhibit P4 TRUE COPY OF THE REPORT SUBMITTED BY THE MOTOR VEHICLES INSPECTOR DATED 14.02.2020.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
7562/2021 DATED 09.04.2021.
Exhibit P6 TRUE COPY OF THE AFFIDAVIT WITH INTERLOCUTORY APPLICATION FOR EXTENSION OF TIME AS I.A NO.3/2021 IN WP(C) NO. 7562/2021 DATED 30.06.2021.
Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN IA NO.3/2021 IN WP(C) NO.7562/2021 DATED 20.07.2021.
Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT BY CIRCULATION OF PAPERS DATED 17.08.2021.
Exhibit P9 TRUE COPY OF THE NOTIFICATION DATED 14.09.2020.
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