Mehroof Ali Thahir vs The Regional Transport Authority
2022 Latest Caselaw 7254 Ker

Citation : 2022 Latest Caselaw 7254 Ker
Judgement Date : 23 June, 2022

Kerala High Court

Mehroof Ali Thahir vs The Regional Transport Authority on 23 June, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                         WP(C) NO. 20139 OF 2022
PETITIONER/S:

           MEHROOF ALI THAHIR,
           AGED 35 YEARS
           S/O. MUHAMMED, KOKKANCHERI PARAMBIL HOUSE, CHEROOPPA
           P.O., KOZHIKODE-673661.

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.



RESPONDENT/S:

           1. THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
           MALAPPAURAM-676505 REPRESENTED BY ITS SECRETARY.

           2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL
           STATION, MALAPPURAM-676505.

           BY GOVERNMENT PLEADER SRI.JIMY GEORGE.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20139 OF 2022
                             2

                      JUDGMENT

Petitioner is the registered owner of a stage

carriage bus bearing Registration No.KL-10-AF-3625

which is covered by Ext.P1 permit valid up to

17.03.2023. The bus has been granted permit to

operate on the route Edavanapara-Mavoor with set of

timings settled on 29.06.2004. The petitioner submits

that a new bridge was opened on 23.05.2022 linking

Malappuram-Kozhikode District whereby the distance

between Mavoor and Edavannappara will be reduced

and the passengers will be benefited by the operation

of the service through the opened bridge. Accordingly,

the petitioner has submitted Ext.P2 application for

variation of the route. The petitioner also submits that

the Mavoor Grama Panchayath has also recommended

the request of the petitioner. Accordingly, the WP(C) NO. 20139 OF 2022

petitioner prays for a direction to the first and second

respondents to consider and take a decision on Ext.P2

application for variation by resorting to circulation of

papers provided under Rule 130 of the Kerala Motor

Vehicles Rules.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the

respondents.

3. The learned Government Pleader, on

instructions submits that Ext.P2 application is pending

consideration before the first respondent and that the

report of the Field Officer is awaited. The learned

Government Pleader also submits that the matter will

be placed before the next RTA meeting.

4. In the facts and circumstances of the case

and considering the submission made by both sides, WP(C) NO. 20139 OF 2022

there will be a direction to the first respondent to

consider Ext.P2 application as expeditiously as

possible, at any rate, within a period of two months

from the date of receipt of a copy of this judgment.

The respondents will be free to resort to circulation

of papers as provided under Rule 130 of the Kerala

Motor Vehicles Rules.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

WP(C) NO. 20139 OF 2022

EXT.P1- TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT DATED 23.7.2013 ISSUED BY THE RTA, KOZHIKODE FOR VEHICLE NO.KL-10AF-3625.

EXT.P2-TRUE COPY OF THE APPLICATION DATED 19.05.2022 FILED BY THE PETITIONER FOR VARIATIONOF THE ROUTE BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH BUS NO.KL- 10AF-3625.

EXT.P3- TRUE COPY OF THE REQUEST DATED 25.05.2022MADE BY THE PRESIDENT OF MAVOOR GRAMA PANCHAYAT ADDRESSED TO THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION.