Anwar Hussain M vs The Regional Transport Authority
2022 Latest Caselaw 10442 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. 31440 OF 2022


PETITIONER:

          ANWAR HUSSAIN M.
          AGED 61 YEARS
          S/O.HUSSAIN, MIDLAND, VENJARAMOODU,
          THIRUVANANTHAPURAM, PIN - 695 606.
          BY ADV O.D.SIVADAS

RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY
          THIRUVANANTHAPURAM, PIN - 695 001.
    2     THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY,
          THIRUVANANTHAPURAM, PIN - 695 001.
OTHER PRESENT:

          0
          SR GP. V.K. SUNIL


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC.No.31440/2022

                                      2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.31440 of 2022
             ----------------------------------------------
           Dated this the 07th day of October, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st and 2nd respondents to consider Ext.P2 application for renewal of permit in respect of stage carriage permit on the route Vazhayila - Thamalam, by the petitioner by circulation of papers under Rule 130 of the Kerala Moor Vehicles Rules.

ii. Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to entertain Ext.P3 application for replacement at earliest, enabling the petitioner to operate service on the route with stage carriage bearing No. KL 25A 1314. iii. Grant such other reliefs which this Honorable court just and fit in the circumstance of the case.

(SIC) WPC.No.31440/2022

2. Petitioner is the existing stage carriage operator

conducting service on the route Vazhayila - Thamalam and the

permit is issued in respect of stage carriage bearing No.KL-

16/A-8639 which was valid till 01.06.2022. The application for

renewal is pending and since the same is not granted, the

petitioner is unable to replace the vehicle is the contention of

the petitioner. Hence this writ petition is filed for

consideration of Ext.P2 application for renewal by circulation

under Rule 130 of the Kerala Motor Vehicles Rules and Ext.P3

application for replacement of vehicle.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The Government Pleader submitted that Exts.P2

and P3 applications will be considered at the earliest.

Therefore, this writ petition petition is disposed of in the

following manner:

1. The 1st respondent is directed to

consider and pass appropriate orders in

Exts.P2 application, as expeditiously as

possible, at any rate, within six weeks

from the date of receipt of a copy of this WPC.No.31440/2022

judgment and if it is not possible, the

same should be considered through

circulation under Rule 130 of the Kerala

Motor Vehicles Rules.

2. Based on the decision, the 2nd

respondent will consider Ext.P3

forthwith.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WPC.No.31440/2022

APPENDIX OF WP(C) 31440/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT ISSUED IN RESPECT OF STAGE CARRIAGE BEARING NO.KL 16A 8639 WHICH IS VALID TILL 1/6/2022.

Exhibit P2 TRUE COPY OF THE APPLICATION DATED 18/05/2022 FOR RENEWAL SUBMITTED BY THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPLICATION FOR REPLACEMENT OF VEHICLE SUBMITTED BY THE PETITIONER.