Rahul V.S vs The Regional Transport Authority
2023 Latest Caselaw 4502 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                   WP(C) NO. 12505 OF 2023
PETITIONER/S:

    1       RAHUL V.S
            AGED 38 YEARS
            S/O SUGUNAN, VELEEPARAMBIL HOUSE,
            NETTOOR PO, ERNAKULAM, PIN - 682040
    2       JOMY DEVASSY
            AGED 42 YEARS
            S/O DEVASSY, MANJOORAN HOUSE, CHUNANGAMVELY,
            ERUMATHALA PO, ALUVA, VEZHAKULAM,
            ERNAKULAM - 683112.

            BY ADV PRASAD CHANDRAN

RESPONDENT/S:

    1       THE REGIONAL TRANSPORT AUTHORITY
            ERNAKULAM, REPRESENTED BY ITS SECRETARY,
            REGIONAL TRANSPORT OFFICE, ERNAKULAM- 682 030.

    2       THE SECRETARY
            REGIONAL TRANSPORT AUTHORITY,
            REGIONAL TRANSPORT OFFICE,
            ERNAKULAM, PIN - 682030



            SMT AMMINIKUTTY, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.12505 of 2023

                                   2




                                  JUDGMENT

The first petitioner is the holder of a stage carriage permit operating

on the route Aluva-Fort Kochi using vehicle bearing registration

No.KL-7/AR-4754. The petitioner has approached this Court, being aggrieved

by the non-consideration of Ext.P2 application for transfer of the permit.

2. Heard Sri. Prasad Chandran, the learned counsel appearing for

the petitioner and Smt. Amminikutty, the learned Senior Government

Pleader.

3. The learned Government Pleader submitted that if Ext.P2

application is in order, there is no impediment in considering the same in an

expeditious manner.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the competent among

the respondents to take up, consider and pass appropriate W.P.(C) No.12505 of 2023

orders on Ext.P2, after affording an opportunity of being

heard, either physically or virtually, to the petitioners herein

or their authorized representatives.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within two months from the date

of production of a copy of this judgment.

c) It would be open to the petitioner to produce a

copy of the writ petition along with the judgment before the

concerned respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS W.P.(C) No.12505 of 2023

APPENDIX OF WP(C) 12505/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PERMIT WITH ITS NO.KL77/10091/1995 DATED 26.9.2020 Exhibit2 TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER DATED 26.3.2023 WITH STAGE CARRIAGE KL 7/AR 4754 OPERATING ON THE ROUTE ALUVA - FORT KOCHI Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 13.12.2022 IN WPC NO.40218/2022