Kais vs The Regional Transport Authority
2022 Latest Caselaw 4964 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                        WP(C) NO. 15164 OF 2022


PETITIONER :-

          KAIS
          AGED 54 YEARS
          S/O VEERAN, CHELAKKATTIL HOUSE
          P.O PATTITHARA, PATTAMBI
          PALAKKAD.

          BY ADV I.DINESH MENON


RESPONDENTS :-

    1     REGIONAL TRANSPORT AUTHORITY
          REGIONAL TRNSPORT OFFICE
          CIVIL STATION P.O, PALAKKAD - 678 001.

    2     THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY
          REGIONAL TRANSPORT OFFICE
          CIVIL STATION P.O, PALAKKAD - 678 001.

          BY SRI.RIYAL DEVASSY, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15164 OF 2022
                                      2

                               JUDGMENT

The limited relief sought for by the petitioner in this writ

petition is for a direction to the respondents to consider and pass

orders on Ext.P7 application for temporary permit which is dated

4.4.2022. Ext.P7 application has been preferred under Section 87(1)

(c) on the route 'Pattambi-Kuttipuram' in respect of Stage Carriage

bearing No.KL-10-T-7892 in the vacant timings of Stage Carriage

bearing No.KL-09-K-2157, which was also being operated by the

petitioner.

Having regard to the facts and circumstances of the case

and considering the limited nature of relief sought for by the

petitioner, this writ petition is disposed of directing the competent

among respondents to consider and pass orders on Ext.P7 application,

after affording an opportunity of hearing to the petitioner, within a

period of six weeks from the date of receipt of a certified copy of this

judgment. I make it clear that I have not expressed any opinion on the

merits of the matter and it is for the competent authority to consider

Ext.P7 in accordance with law.

Sd/-

GOPINATH P.

SMA JUDGE WP(C) NO. 15164 OF 2022

APPENDIX

PETITONER'S EXHIBITS :-

EXHIBIT P1 :- TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE PATTAMBI-KUTTIPURAM.

EXHIBIT P2 :- TRUE COPY OF THE APPLICATION FOR RENEWAL DTD.21.01.2009.

EXHIBIT P3 :- TRUE COPY OF THE JUDGMENT IN W.P.C.NO.32110/2019 DATED 27.11.2019. EXHIBIT P4 :- TRUE COPY OF THE ORDER EXDEMPTING PETITIONER FROM PAYMENT OF TAx AND ALSO PERMITTING TO PAY TAX AT THE RATE APPLICABLE TO NON TRANSPORT VEHICLE DATED 10.02.2020. EXHIBIT P5 :- TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 11.11.2021. EXHIBIT P6 :- TRUE COPY OF THE JUDGMENT IN W.P.C.NO.9861/200 DATED 23.03.2022. EXHIBIT P7 :- TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 04.04.2022.

EXHIBIT P8 :- TRUE COPY OF THE RECEIPT ISSUED ON PAYMENT OF TAX.

EXHIBIT P9 :- TRUE COPY OF THE JUDGMENT IN W.P.C.NO.12123/2021 DATED 11.06.2021.