Smitha Sivadasan vs The Regional Transport ...
2022 Latest Caselaw 10385 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. 31791 OF 2022
PETITIONER/S:

          SMITHA SIVADASAN,
          AGED 44 YEARS
          W/O SIVADASAN KOTTAYI. VIKASVILLA, THIRUVANGAD,
          THALASSERY - 670101.
          BY ADV I.DINESH MENON


RESPONDENT/S:

    1     THE REGIONAL TRANSPORT AUTHORITY, KANNUR,
          REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT
          OFFICE, CIVIL STATION P.O., KANNUR-670001.
    2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          KANNUR, REGIONAL TRANSPORT OFFICE, CIVIL STATION
          P.O., KANNUR-670002.

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.31791 of 2022              2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      W.P.(C) No.31791 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 directing the Secretary Regional Transport Authority Kannur to settle the timings of the petitioner's service on the route Edayar-Thalassery-Iritty and issue the same priority to the date of application for permit submitted , within a time frame to be fixed by this Honourable Court

(ii) Issue a writ of mandamus or such other writs, order or directions directing the Secretary Regional Transport Authority, Kannur to settle the timings of the petitioner's service on the route Edayar-Thalassery-Iritty and issue the same on the basis of priority of application notwithstanding the fact that the vehicle offered is a leased out vehicle.

(iii) To grant such other reliefs as this Honorable Court may deem fit and proper" [SIC]

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

direction to the 2nd respondent to settle the timings of the

petitioner's service on the route Edayar-Thalassery-Iritty 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 2 nd 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 2 nd respondent to

settle the timings of the petitioner's service on the

route Edayar-Thalassery-Iritty and issue the same

priority based on the date of application for permit is

submitted.

2) While considering the same, the 2 nd respondent will

consider the dictum laid down by this Court in Ext.P5

judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 31791/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN MVAA NO.16/2022 DATED 28.2.2022.

Exhibit P2 TRUE EXTRACT OF THE DECISION OF THE RTA IN ITEM NO.22, DATED 25.3.2022.

Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED 15.9.2022.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 27.10.2022. Exhibit P5 TRUE COPY DECISION IN 2010[1] KLT 758. Exhibit P6 TRUE COPY OF THE REQUEST DATED 03.10.2022.