Sarfudheen vs The Secretary
2023 Latest Caselaw 5446 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                        WP(C) NO. 14662 OF 2023
PETITIONER/S:

          SARFUDHEEN, S/O MUHAMMED,
          AGED 45 YEARS
          CHENGANAMKATTIL HOUSE, PUTHUPPALLI, PURATHOOR, TIRUR,
          MALAPPURAM., PIN - 676107
          BY ADV I.DINESH MENON


RESPONDENT/S:

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

          BY SRI. JIMMY GEORGE, GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14662 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 Malappuram - Kavilakkad, is before this Court seeking to direct

the respondent-Secretary, Regional Transport Authority to include the

petitioner's application for variation of conditions of Permit on the

route Malappuram - Kavilakkad in the Regional Transport Authority

meeting.

2. The petitioner states that he has submitted an application for

variation of conditions of Permit. The delay in considering the

application is causing untold hardship to the petitioner.

3. I have heard the learned counsel for the petitioner and the

learned Government Pleader representing the respondents.

4. The application for variation of the conditions of Permit filed

by the petitioner is under Rules 174 and 179 of the Kerala Motor

Vehicles Rules, 1989. The application being statutory in 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 WP(C) NO. 14662 OF 2023

petition is disposed of directing the 1st respondent-Regional Trasnport

Authority to consider the application and pass appropriate orders

thereon, within a period of one month.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

uu 29.04.2023 WP(C) NO. 14662 OF 2023

APPENDIX OF WP(C) 14662/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC PERMIT VALID TILL 22.3.2026 DATED 5.1.2022.

Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.2832/2023 DATED 30.01.2023.

Exhibit P3 A TRUE EXTRACT OF THE DECISION OF THE RTA MALAPPURAM DATED 14.2.2023 IN ITEM NO.191.

Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.12150/2020 DATED 3.7.2020.