Mohammed M.K vs The Regional Transport Authority
2023 Latest Caselaw 5371 Ker

WP(C) NO. 14573 OF 2023              1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                          WP(C) NO. 14573 OF 2023
PETITIONER:

             MOHAMMED M.K.
             AGED 44 YEARS
             S/O KUNHARAMU M.K., MAVUMKUNNATH HOUSE,
             THRIPRANGODE P.O., TIRUR, MALAPPURAM, PIN - 676108
             BY ADV I.DINESH MENON


RESPONDENTS:

      1      THE REGIONAL TRANSPORT AUTHORITY
             REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
             MALAPPURAM, PIN - 676505
      2      THE SECRETARY
             REGIONAL TRANSPORT AUTHORITY,
             REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
             MALAPPURAM, PIN - 676505.

             BY SRI.JIMMY GEORGE-GOVT. PLEADER

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.04.2023,      THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14573 OF 2023             2




                                JUDGMENT

The petitioner, who is an existing stage carriage operator, operating

a stage carriage on the basis of a regular permit on the route Tirur-

Kuttippuram, is before this Court seeking to direct the 2nd respondent-

Secretary, Regional Transport Authority to consider the petitioner's

application for variation of conditions of permit on the route Tirur-

Kuttippuram.

2. The petitioner states that he has submitted Ext.P2 application

for variation of conditions of permit. The delay in considering Ext.P2

application is causing hardship to the petitioner.

3. I have heard Sri.I.Dinesh Menon, the learned counsel for the

petitioner and Sri.Jimmy George, the learned Government Pleader.

4. Ext.P2 is an application for variation of the conditions of

permit filed by the petitioner under Rules 174 and 179 of the Kerala

Motor Vehicles Rules, 1989. Ext.P2 is being an application of a statutory

nature, the same has to be considered by the competent authority within

a reasonable time.

In the facts and circumstances of the case, the Writ Petition is

disposed of directing the 1st respondent Regional Transport Authority to

consider Ext.P2 application and pass appropriate orders thereon, within a

period of one month.

Sd/-

MOHAMMED NIAS C.P.

JUDGE ab

APPENDIX OF WP(C) 14573/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 09.11.2021 Exhibit P2 A TRUE COPY OF THE APPLICATION FOR VARIATION OF CONDITIONS OF PERMIT SUBMITTED BY THE PETITIONER DATED 23.03.2023 Exhibit P3 A TRUE COPY OF THE COVERING LETTER TO EXT.P2 APPLICATION ALONG WITH THE PROPOSED TIMINGS AND ROUGH SKETCH OF THE ROUTE DATED 23.03.2023 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.2832/2023 DATED 30.01.2023

RESPONDENTS EXHIBITS: NIL