K.J. Mathew vs Regional Transport Authority
2022 Latest Caselaw 12690 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
                WP(C) NO. 42939 OF 2022
PETITIONER:

         K.J. MATHEW
         AGED 62 YEARS
         SO JOHN,
         AKASALAYIL HOUSE,
         KUMARANALLUR P.O.,
         KOTTAYAM-686016.

         BY ADV I.DINESH MENON


RESPONDENTS:

    1    REGIONAL TRANSPORT AUTHORITY IDUKKI,
         REGIONAL TRANSPORT OFFICE,
         CIVIL STATION P.O., IDUKKI - 685603.

    2    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         IDUKKI, REGIONAL TRANSPORT OFFICE,
         CIVIL STATION P.O., IDUKKI - 685603.

         BY SMT.ANIMA, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 30.12.2022, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.42939/2022
                                      :2:




                           N. NAGARESH, J.

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                     W.P.(C) No.42939 of 2022

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            Dated this the 30th day of December, 2022


                            JUDGMENT

~~~~~~~~~

The petitioner is a regular permit holder on the

route Baisonvalley-Kottayam in respect of stage carriage

bearing registration No.KL-67A-3846. The basic permit was

valid till 29.07.2013. The petitioner preferred application for

renewal belatedly. Since the renewal was not being

considered, the petitioner obtained clearance in respect of

the basic vehicle. Thereafter, the petitioner preferred

application for replacement and application for temporary

permit also, for continued operation. The applications were

submitted as early as on 04.06.2022 but no orders are

passed on the same till date. The limited prayer in this writ

petition is for consideration of the above applications within a W.P.(C) No.42939/2022

time frame.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondents.

3. Exts.P2 and P3 are applications filed by the

petitioner for renewal of permit and replacement of vehicle.

Ext.P4 is an application for Temporary Permit. Exts.P2 to P4

being applications of statutory nature having the support of

the Motor Vehicles Act and the Rules made thereunder,

those applications will have to be considered by the

competent authority within a reasonable time.

The writ petition is therefore disposed of directing

the 2nd respondent to consider and dispose of Ext.P4

application within a period of four weeks. There will be a

further direction to the 1 st respondent to consider and pass

orders on Exts.P2 and P3 applications within a period of six

weeks.

Sd/-

N. NAGARESH, JUDGE aks/04.01.2023 W.P.(C) No.42939/2022

APPENDIX OF WP(C) 42939/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PERMIT ON THE ROUTE BAISONVALLEY-KOTTAYAM DATED 3.12.2022. EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 4.6.2022 WITH COVERING LETTER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 4.6.2022.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 4.6.2022.