Baby Antos vs The Secretary, Regional ...
2022 Latest Caselaw 10384 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                   WP(C) NO. 31807 OF 2022
PETITIONER/S:

          BABY ANTOS
          AGED 42 YEARS
          S/O.LATE JOSEPH, PARAYIL HOUSE, EDAMARUKU P.O.,
          PALA, KOTTAYAM - 686 652.
          BY ADV I.DINESH MENON


RESPONDENT/S:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          KOTTAYAM, REGIONAL TRANSPORT OFFICE, KOTTAYAM - 686
          002.

OTHER PRESENT:

          0
          GP JIMMY GEORGE


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 31807 of 2022            2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No. 31807 of 2022
                    --------------------------------------
               Dated this the 7th day of October, 2022


                               JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of mandamus or such other writs, order or direction commanding the respondent Secretary, Regional Transport Authority Kottayam to settle the timings and issue the granted regular permit on the route Kottaramattom Bus Stand (Pala)-Kanjirappally-Kalathuva, notwithstanding the fact that the vehicle offered is a leased out vehicle taking note of the dictum laid down in Anilkumar v. RTA, Kollam reported in 2010 (1) KLT 758 within a time frame as this Hon'ble Court may deem fit and proper.

(ii) To grant such other reliefs as this Honourable Court may deem fit and proper." [SIC]

2. The prayer in this writ petition is to issue appropriate

direction to the respondent to settle the timings of the

petitioner's service on the route Kottaramattom BS [Pala]-

Kanjirappally-Kalathuva via Bharananganam, Panakkapalam,

Erattupetta, Thidanadu, Pinnakkanadu, Poonjar, Kaippaly and

issue the same priority to the date of applications for permit

submitted within a time frame. It is also submitted that the

petitioner produced a leased out vehicle for the purpose of

issuance of grant of permit.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. After hearing both sides, I think this writ petition can

be disposed of directing the respondent to settle the timings of

the petitioner's service within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) There will be a direction to the respondent to settle

the timings of the petitioner's service on the route

Kottaramattom BS [Pala]-Kanjirappally-Kalathuva via

Bharananganam, Panakkapalam, Erattupetta,

Thidanadu, Pinnakkanadu, Poonjar, Kaippaly and

issue the same priority based on the date of

application for permit is submitted.

2) While considering the same, the respondent will

consider the dictum laid down by this Court in Ext.P4

judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 31807/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE RTA, KOTTAYAM GRANTING REGULAR PERMIT DATED 30/11/2017.

Exhibit P2 TRUE COPY OF THE DECISION REPORTED IN (2020(2) KHC 357).

Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED 29/9/2022 (2020 KHC 357).

Exhibit P4 TRUE COPY OF THE DECISION REPORTED IN 2010 KHC 229.