Sirajuddin T.I vs The Regional Transport Authority
2021 Latest Caselaw 20311 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 19607 OF 2021
PETITIONER:

          SIRAJUDDIN T.I, S/O.IBRAHIM, THADATHINKUNNEL HOUSE,
          MANARI, PAIPRA, MUVATTUPUZHA, ERNAKULAM DISTRICT.

          BY ADV. O.D.SIVADAS



RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY,
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 601.

    2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 601.

    3     THE MANAGING DIRECTOR,
          KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT
          BHAVAN, THIRUVANANTHAPURAM, PIN-695 001.

          BY ADVS.SRI.P.C.CHACKO(PARATHANAM), SC
          SMT.K.AMMINIKUTTY - SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19607 OF 2021
                               -2-

                          JUDGMENT

The petitioner singularly seeks that the 1st

respondent - Regional Transport Authority (RTA),

be directed to act as per Ext.P2 judgment of the

learned State Transport Appellate Tribunal (STAT)

and issue him regular permit, within a time frame

to be fixed by this Court.

2. Smt.K.Amminikutty - learned Senior

Government Pleader, submitted that the next RTA

meeting is scheduled on 28.10.2021, on which day,

the petitioner's application will be considered,

adverting to Ext.P2 judgment of the STAT.

3. Sri.P.C.Chacko - learned Standing Counsel

for the Kerala State Road Transport Corporation

(KSRTC), prays that the RTA may be directed to

hear his client also, since there is an issue

regarding overlapping of the nationalized route. WP(C) NO. 19607 OF 2021

Taking note of the afore submissions, I allow

this writ petition; with a consequential direction

to the 1st respondent - RTA to take up the

petitioner's application for regular permit in

their meeting to be held on 28.10.2021; and issue

appropriate orders thereon, adverting to Ext.P2

and after hearing the petitioner and the competent

official of the 3rd respondent - KSRTC, but de hors

Ext.P5 to the extent impugned herein.

Needless to say, after the afore exercise is

completed, the permit, if found eligible, shall be

issued within a period of one week thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 19607 OF 2021

APPENDIX OF WP(C) 19607/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 8.10.2020 REJECTING THE APPLICATION FOR REGULAR PERMIT

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THE LEARNED STATE TRANSPORT APPELLATE TRIBUNAL IN MVAA NO 140 OF 2020 DATED 5.2.2021

EXHIBIT P3 JUDGMENT DATED 11.5.2021 IN WPC NO 4945 OF 2021 RENDERED BY THIS HON'BLE COURT

EXHIBIT P4 TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT DATED 4.8.2021

EXHIBIT P5 TRUE COPY NOTIFICATION DATED 14.9.2020 PUBLISHED VIDE NOTIFICATION NO B1/13/2016 ISSUED BY THE GOVERNMENT

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE