K.M. Sathyan vs The Regional Transport Authority
2023 Latest Caselaw 4515 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. 12545 OF 2023
PETITIONER:

         K.M. SATHYAN
         AGED 50 YEARS
         S/O.MADHAVAN, KALLIYATH HOUSE, PERINCHERY.,
         CHERPU.P.O., THRISSUR DISTRICT, PIN - 680561

         BY ADVS.
         M.JITHESH MENON
         P.G.MAHESHKUMAR


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY
         THRISSUR, AYYANTHOLE, THRISSUR, PIN - 680003

    2    THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY, THRISSUR,
         AYYANTHOLE, THRISSUR, PIN - 680003


         SMT AMMINIKUTTY, SR GOVERNMENT PLEADER



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.12545 of 2023

                                        2




                                     JUDGMENT

The petitioner is the holder of a regular permit to operate on the

route Chenam - Ayyanthole, issued in respect of stage carriage

No.KL-17/7009. He has approached this Court seeking the following

directions.

i) to issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider Exhibit P2 application for renewal of the regular permit held by the petitioner to operate on the route Chenam-Ayyanthole and Exhibit P5 application for replacement, as expeditiously as possible at any rate within a short time as stipulated by this Hon'ble Court and if necessary, by resorting to circulation of papers under Rule 130 of the Kerala Motor Vehicles Rules.

2. The learned Government Pleader submits that Ext.P2

application was filed as early as 30.11.2018 and Ext.P5 application for

replacement was filed on 16.02.2023. It is submitted that the 1st

respondent had directed the petitioner to appear before the said authority

by issuing appropriate notice, but the petitioner has not heeded to that

direction.

W.P.(C.) No.12545 of 2023

3. In that view of the matter, this writ petition is disposed of

directing the petitioner to appear before the respondent concerned, and the

respondent concerned is directed to consider Exts.P2 and P5 and pass

orders expeditiously, at any rate, within a period of two months from the

date of production of a copy of this judgment. 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.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP W.P.(C.) No.12545 of 2023

APPENDIX OF WP(C) 12545/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT WITH WHICH THE PETITIONER WAS OPERATING ON THE ROUTE IN QUESTION DATED 17-12-2008

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER DATED 30-11-2018

Exhibit P3 TRUE COPY OF THE RECEIPT EVIDENCING PAYMENT OF FEES DATED 5-12-2018

Exhibit P4 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE KL341701

Exhibit P5 TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 16-2-2023

Exhibit P6 TRUE COPY OF THE COVERING LETTER FILED IN SUPPORT OF THE SAME DATED 16-2-2023

RESPONDENTS' NIL EXHIBITS: