Kerala High Court
Thomas George vs The Regional Transport ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33683 OF 2022
PETITIONER:
THOMAS GEORGE,
AGED 52 YEARS
S/O GEORGE, KONDODICKAL HOUSE,
THOTTACKAD P.O. KOTTAYAM-686539.
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI,
REPRESENTED BY SECRETARY,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
IDUKKI-685603.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, IDUKKI,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., IDUKKI-685603.
3 THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
CHIEF OFFICE, FORT P.O., TRIVANDRUM-695034.
OTHER PRESENT:
0
SRI.V.K.SUNIL, SR.GP,
SRI.DEEPU THANKAN, SC(KSRTC)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.33683/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.33683 of 2022
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Dated this the 21st day of October, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or such other writs,
order or direction, commanding the Secretary,
Regional Transport Authority, Idukki to consider
Ext.P10 application for temporary on the
restricted route Kuzhitholu-Kottayam [138 kms] in
respect of S/C No. KL-33-L-3446 and grant the
same provided the route length is below 140 kms
and there is no other legal impediment, within a
time frame as this Hon'ble Court may deem fit
and proper;
ii. to grant such other reliefs as this Honorable
Court may deem fit and proper.
(SIC)
2. Petitioner is the holder of a regular permit on the
route Kuzhitholu-Kottayam. According to the petitioner, the
route length is beyond 140 kms. Since there is an ongoing
dispute as to whether existing operators could operate beyond
140 kms in the light of the amendment brought in in Rule
WP(C).No.33683/2022
2(oa) of the Kerala Motor Vehicles Rules, an application for
variation was submitted. No orders are passed on the
application for renewal or on the application for variation. The
petitioner submitted an application for temporary permit
restricting the route to 138 kms, as evident by Ext.P10. The
grievance of the petitioner is that the same is not considered.
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
Ext.P10 within a time frame.
Therefore, this writ petition is disposed of in the
following manner:
The 1st respondent is directed to
consider Ext.P10 application for
temporary permit on the restricted
route Kuzhitholu-Kottayam (138 kms) in
respect of stage carriage bearing
registration No.KL-33/L-3446 if there is
no other legal impediment, as
expeditiously as possible, at any rate,
WP(C).No.33683/2022
within two weeks from the date of
receipt of a copy of this judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.33683/2022
APPENDIX OF WP(C) 33683/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ON THE
ROUTE KUZHITHOLU-KOTTAYAM.
Exhibit P2 TRUE COPY OF THE APPLICATION FOR
RENEWAL.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED
12.1.2022 IN W.P.C.NO.14788 OF 2020.
Exhibit P4 TRUE COPY OF THE ORDER DATED 14.7.2022
IN W.A.NO.887 OF 2022.
Exhibit P5 TRUE COPY OF THE APPLICATION FOR
VARIATION.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN
W.P.C.NO.16375 OF 2022 DATED
17.8.2022.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP[C]
NO.30488/2022 DATED 26.9.2022.
Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE
RTA DATED 13.10.2022.
Exhibit P9 TRUE COPY OF THE MODIFIED APPLICATION
FOR VARIATION SUBMITTED BY THE
PETITIONER DATED 19.10.2022.
Exhibit P10 TRUE COPY OF THE TEMPORARY PERMIT
APPLICATION SUBMITTED BY THE
PETITIONER DATED 19.10.2022.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN
WP[C]NO.33033/2022 DATED 18.10.2022.
