Shintomon Thomas vs State Of Kerala
2023 Latest Caselaw 4969 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                   WP(C) NO. 11048 OF 2023

PETITIONER/S:

    1       SHINTOMON THOMAS
            AGED 45 YEARS
            S/O. THOMAS 514 VETTIYANKKAL HOUSE
            AGALI, MANNARKKAD, PALAKKAD, PIN - 678581

    2       SIJI K.D
            AGED 43 YEARS
            S/O DEVASSIA KALLUVELIL HOUSE, KARARA POST, MUNDANPARA
            AGALI, MANNARKKAD, PALAKKAD, PIN - 678581
            BY ADVS.
            T.M.ABDUL LATHEEF
            NITHIN A.R.

RESPONDENT/S:

    1       STATE OF KERALA
            REP. BY SECRETARY TO GOVERNMENT
            MOTOR VEHICLES DEPARTMENT, SECRETARIAT P.O.,
            THIRUVANANTHAPURAM, PIN - 695001
    2       REGIONAL TRANSPORT AUTHORITY
            KENATHUPARAMBU, KUNATHURMEDU P.O,
            PALAKKAD, PIN - 678001



            SRI TR RENJITH ,SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.11048 of 2023

                                         2




                                      JUDGMENT

This writ petition is filed seeking the following reliefs :

"i) To call for the records relating to Exhibit P-1 to P4 and to pass orders commanding the 2nd respondent to hear and dispose of Ext.P3 application filed by the petitioner and to dispose of the same taking into account of the fact that the cancellation of the permit was effected without hearing the petitioners and also permit the petitioners to put in use a new vehicle by attaching the route Anaketty Pattambi which stood before the cancellation as per Ext.P2." .

2. Sri. Abdul Lathief, the learned counsel appearing for the

petitioners submitted that the limited request of the petitioners at this stage

is for issuance of direction to the 2nd respondent to consider Ext.P3 and

take and take a decision within a time frame.

3. The learned Government Pleader submits that if Ext.P3 is

pending, there is no impediment in considering the request in accordance

with law.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and W.P.(C) No.11048 of 2023

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

issuing the following directions:

a) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Ext.P3 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 eight weeks from the date of

production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of

the writ petition and 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.11048 of 2023

APPENDIX OF WP(C) 11048/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE OF SIVA NURSING HOME AGALI ISSUED BY DR.M.R SIVARAMAN DATED 10/8/2022 Exhibit2 TRUE COPY OF THE PROCEEDINGS OF 2ND RESPONDENT DATED 3/7/2017 Exhibit P3 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 22/8/2022 Exhibit P4 TRUE COPY OF THE HEARING NOTICE OF 2ND RESPONDENT DATED 2/12/2022