Muhammed Ali vs The Regional Transport ...
2021 Latest Caselaw 18956 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943

                          WP(C) NO. 18326 OF 2021

PETITIONER/S:

            MUHAMMED ALI,
            AGED 40 YEARS
            CHUNDAYIL HOUSE, MUDAVANTHERY P.O., TNERIM VADAKARA,
            REPRESENTED BY POWER OF ATTORNEY HOLDER, YAHIYA, S/O.BEERAN
            KOYAN, AGED 40 YEARS, CHERIYAKANDOTH HOUSE, KOLAKKAD, ATHOLI,
            KOZHIKODE.

            BY ADV L.RAJESH NARAYAN



RESPONDENT/S:

     1      THE REGIONAL TRANSPORT AUTHORITY, VADAKARA,
            REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
            VADAKARA-673 101.

     2      THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
            REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
            VADAKARA-673 101.

            BY SRI.ASHWIN SETHUMADHAVAN-SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18326 OF 2021

                                          2




                                   JUDGMENT

The petitioner says that he is operating a stage carriage

bearing Registration No.KL-18 P 3313, which is covered by Ext.P1

regular permit; and that he has preferred Ext.P2 application for

renewal of the same, however, with a certain amount of delay. The

petitioner says that he has already preferred an application for

condonation of delay, along with Ext.P2 and thus prays that the 1 st

respondent - Regional Transport Authority, Vadakara (RTA), be

directed to take up the said application and consider it and

consequently, if it is allowed, to decide on Ext.P2 application for

renewal of the regular permit with respect to his vehicle in the

route Kadavathoor-Peringathoor-Kozhikode, adverting to Sections

51(7), 51(8) and 51(9) of the Kerala Motor Vehicles Act

(hereinafter referred to as 'the Act' for short), within a time frame

to be fixed by this Court.

2. The petitioner also has a prayer, as an interim measure,

that the Secretary, RTA, be directed to consider Ext.P7 application

for temporary permit, with respect to the afore mentioned vehicle,

pending final decision on Ext.P2.

3. I have heard Sri.Rajesh Narayan Iyer, learned counsel WP(C) NO. 18326 OF 2021

appearing for the petitioner and Sri.Ashwin Sethumadavan,

learned Senior Government Pleader, appearing for the official

respondents.

4. The learned Senior Government Pleader submitted that

if the petitioner only requires his application for condonation of

delay to be considered and Ext.P2 to be thereafter taken up, based

on the said decision, then there does not appear to be any legal

impediment in the 1st respondent doing so; however, praying that

this Court may not make any affirmative declarations as to the

entitlement of the petitioner to any relief and leave it to the

competent Authority to take a decision on it in terms of law.

Taking note of the afore submissions, I order this writ

petition and direct the 1st respondent to consider the application

for condonation of delay stated to have been filed by the petitioner

along with Ext.P2 and to issue appropriate orders thereon, without

any avoidable delay; and to thereupon, depending upon the

decision thereon, to consider Ext.P2 application for renewal of

regular permit, adverting to Sections 51(7), 51(8) and 51(9) of the

Act, as expeditiously as is possible but not later than one month

from the date of receipt of a copy of this judgment. WP(C) NO. 18326 OF 2021

If, for any reason, the meeting of the RTA is not able to

convene within the time frame above, then necessary action will be

taken by adopting the method of circulation.

With respect to the petitioner's application for temporary

permit, I further direct the Secretary, RTA to take up Ext.P7

application and dispose of the same, as expeditiously as is possible

but not later than two weeks from the date of receipt of a copy of

this judgment, after following due procedure.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 18326 OF 2021

APPENDIX OF WP(C) 18326/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 09.08.2021.

Exhibit P3 TRUE COPY DELAY PETITION DATED 09.08.2021.

Exhibit P4 TRUE COPY OF THE REQUEST DATED 09.08.2021.

Exhibit P5 TRUE COPY OF THE DECLARATION SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN WPC NO.10484/2011 DATED 23.06.2011.

Exhibit P7 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 09.08.2021.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.12123/2021 DATED 11.06.2021.