Kerala High Court
Sabu Varghese vs The Regional Transport Authority on 7 October, 2022
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. 31764 OF 2022
PETITIONER:
SABU VARGHESE
AGED 36 YEARS
S/O VAREETH, CHERUVATHOOR HOUSE,
MANGAD.P.O, PATTITHADAM, PAZHANJI,
KATTAKAMPAL-680544.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
PALAKKAD, REPRESENTED BY ITS SECRETARY,
KENATHUPARAMBU, KUNNATHURMEDU,
PALAKKAD-678001.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, KENATHUPARAMBU,
KUNNATHURMEDU,PALAKKAD-678001.
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.31764/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.31764 of 2022
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Dated this the 07th day of October, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
1st respondent to consider and pass final orders
on Exhibit P2 and Exhibit P3 applications
submitted by the petitioner for renewal of permit
and as well as variation of permit by limiting the
route within 140 kms in respect of stage carriage
KL 46/N 1023 in the meeting of the 1 st respondent
scheduled to 28.10.2022 at any rate within a time
limit to be fixed by this Honble Court, in the
interest of justice.
ii. To issue a writ of mandamus or any other
appropriate writ, direction or order directing the
2nd respondent to permit the petitioner to operate
the service on the curtailed route Guruvayoor-
Palakkad in continuation of Exhibit P4 permit and
to maintain the status quo till final orders are
passed on Exhibit P2 and Exhibit P3 applications,
in the interest of justice.
WPC.No.31764/2022
iii. To issue any appropriate writ, direction or order
which this Honourable Court deem fit in the
circumstances of the case.
(SIC)
2. The petitioner is the holder of a regular permit to
operate service on the route Guruvayur - Malampuzha with
trips between Guruvayoor - Ponnani and halt at Mangad in
respect of his stage carriage KL-46/N-1023. The said regular
permit was issued on 05.3.1997 and renewed from time to
time and valid upto 4.3.2022. The petitioner submitted Ext.P2
application for renewal of this permit under Section 81 of the
Motor Vehicles Act. The said application has been considered
by the 1st respondent in its meeting held on 08.06.2022 which
was adjourned since the route distance is 142 kms which is
exceeding to 140 kms. Therefore, it is submitted that as
directed by the respondents, petitioner submitted Ext.P3
application for variation of the permit by way of curtailing the
portion from Palakkad to Malampuzha so as to reduce the
distance less than 140 kms in tune with Rule 2(o)(a) of the
Kerala Motor Vehicles Rules. Pending these applications, as
directed by the Tribunal, it is stated that the petitioner
WPC.No.31764/2022
granted temporary permit to operate the service limiting the
route as Guruvayoor- Palakkad and the temporary permit so
issued is valid upto 12.11.2022. Ext.P4 is the temporary
permit. Exts.P2 and P3 are pending before the 1 st respondent.
It is the case of the petitioner that a meeting is scheduled on
28.10.2022. The prayer in this writ petition is for a direction
to consider Exts.P2 and P3 on 28.10.2022.
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 1 st respondent to consider
Exts.P2 and P3 on 28.10.2022 and if it is not possible, within
two months from the date of receipt of a copy of this judgment.
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 and P3 in the meeting
scheduled to be held on 28.10.2010 and
if it is not possible, at any rate, within
two months from the date of receipt of a
WPC.No.31764/2022
copy of this judgment.
2. If the orders are not passed before
12.11.2022, the petitioner is free to
operate service based on the temporary
permit already issued on the curtailed
route.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WPC.No.31764/2022
APPENDIX OF WP(C) 31764/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT
HOLDING BY THE PETITIONER.
Exhibit P2 TRUE COPY OF THE RENEWAL APPLICATION
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
VARIATION SUBMITTED BY THE PETITIONER
DATED 29.8.2022.
Exhibit P4 TRUE COPY OF THE TEMPORARY PERMIT
ISSUED TO THE PETITIONER VALID UPTO
12.11.2022
Exhibit P5 TRUE COPY OF THE NOTICE DATED
27.9.2022 REGARDING THE FIXATION OF
MEETING OF 1ST RESPONDENT OF
28.10.2022.
