Sajil Kumar T.M vs The Regional Transport Authority
2022 Latest Caselaw 8775 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                       WP(C) NO. 21575 OF 2022
PETITIONER:

            SAJIL KUMAR T.M.,
            AGED 42 YEARS,
            S/O. NARAYANAN, THEKKEDATH NATTIL MEETHAL,
            KUNNATHARA.P.O., KOYILANDY, KOZHIKODE-673 327

            BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1       THE REGIONAL TRANSPORT AUTHORITY,
            VATAKARA, REPRESENTED BY ITS SECRETARY,
            BADAGARA, VATAKARA, KOZHIKODE-673 104.

    2       THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, VATAKARA,
            BADAGARA, VATAKARA, KOZHIKODE-673 104



            ADV. SRI JIMMY GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21575 OF 2022
                                        -2-


                                  JUDGMENT

Petitioner has approached this Court with the

following prayer:

"i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to pass final orders on Exhibit P1 application submitted by the petitioner for grant of regular permit on the route Thamarassery - Koyilandy, expeditiously or at any rate within a time limit to be fixed by this Hon'ble Court, in the interest of justice;

ii) to issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case."

2. An application for grant of a regular permit to

operate service on the route Thamarassery - Koyilandy

under the provisions of Motor vehicles Act, 1988 dated

30.03.2022 Ext.P1 was submitted, which has been

forwarded to the Field Officer for necessary enquiry WP(C) NO. 21575 OF 2022

report and has already been given the no objection.

However, the first respondent considered the application

in the meeting held on 11.05.2022 and again ordered for

an enquiry as evident from Ext.P3. Learned counsel for

the petitioner submits that once no objection has been

issued, i.e., vide report of the Field Officer, the

respondent No.1 ought not to have ordered for fresh

enquiry. This case came before me yesterday and

adjourned today for enabling the State Counsel to obtain

instructions.

3. Mr.Jimmy George, learned Government

Pleader on instructions submits that the report from the

Joint Regional Transport Officer would be submitted

within three days and thereafter in the next meeting of

the RTA, the application would be decided in accordance

with law.

In view of the submission made by the Government

Pleader, Writ petition stands disposed off with a

direction to respondent No.2 to decide the matter in WP(C) NO. 21575 OF 2022

accordance with law, in the next meeting of the Regional

Transport Authority.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 21575 OF 2022

APPENDIX OF WP(C) 21575/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SAID APPLICATION SUBMITTED BY THE PETITIONER DATED 30.3.2022

Exhibit P2 TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE FIELD OFFICER.

Exhibit P3 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 11.5.2022

Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 14.6.2022 WITH TRANSLATION.