Muhammed Shafi K vs The Regional Transport Authority
2023 Latest Caselaw 8308 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                        WP(C) NO. 17990 OF 2023
PETITIONER/S:

    1     MUHAMMED SHAFI K.,
          AGED 35 YEARS
          S/O BEERAN, KALATH HOUSE, KARUVANTHIRUTHI, FEROKE,
          KOZHIKODE,KERALA., PIN - 673631

    2     FAREEDA K.,
          AGED 32 YEARS
          W/O MUHAMMED SHAFI K., KALATH HOUSE, KARUVANTHIRUTHI,
          FEROKE, KOZHIKODE,KERALA-676631., PIN - 673631

          BY ADV SAJEEV KUMAR K.GOPAL



RESPONDENT/S:

    1     THE REGIONAL TRANSPORT AUTHORITY,
          CIVIL STATION, MALAPARAMBA PO, KOZHIKODE., PIN - 673020

    2     SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
          MALAPARAMBA PO, KOZHIKODE -673020., PIN - 673020


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17990 OF 2023     : 2 :




                          JUDGMENT

The petitioners are husband and wife. They have

submitted applications for regular permits on the intra

district routes Feroke - Chaliyam via Karuvanthuruthi and

Government Taluk Hospital Feroke - Kadalundikadav -

Puttekkad via, Feroke - Chaliyam respectively, as ordinary

services. The Field Officer submitted reports

recommending issuance of permit. However, by Exts.P1

and P6 decisions, the consideration of the said applications

was adjourned for obtaining detailed specific frequency

report of the applied route from the Field Officer and the

RTA directed to place the matter in the next RTA meeting.

2. According to the petitioners, though the applications

for regular permit of other operators were considered in

the very same meeting, the applications of the petitioners

alone were adjourned calling for further reports. This,

according to the petitioners, is discriminatory and the

petitioners pray for a direction to the 1 st respondent to

consider and pass orders on their applications for regular

permits, without further delay.

3. A statement has been filed on behalf of the 2 nd

respondent, wherein it is stated that no discrimination is

meted out to the petitioners and that the decision to grant

permit to other operators have been taken on the basis of

the facts of their applications and the regular permits were

issued to them to operate on different routes and not on

identical routes.

4. Heard the learned counsel for the petitioners and

the learned Government Pleader.

5. Learned Government Pleader, on instructions,

submits that the applications of the petitioners for regular

permit will be considered by the 1 st respondent in the next

meeting of the RTA and a decision will be taken thereon.

In the facts and circumstances of the case and taking

note of the submissions made across the Bar, the writ

petition is disposed of with a direction to the 1 st respondent

to consider the applications of the petitioners for fresh

regular permit in the next meeting of the RTA or at any

rate, within a period of six weeks from the date of receipt

of a copy of this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.3 AND 4 OF THE MEETING HELD ON 11-04-2023

Exhibit P2 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.5 OF THE MEETING HELD ON 11-04-

Exhibit P3 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.6 OF THE MEETING HELD ON 11-04-

Exhibit P4 TRUE COPY OF THE DECISION TAKEN BY THE 1ST RESPONDENT WITH RESPECT TO ITEM NO.11 OF THE MEETING HELD ON 11- 04-2023

Exhibit P5 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 30-05-2023

Exhibit P6 TRUE COPY OF THE DECISION OF RTA KOZHIKODE IN THE MEETING HELD ON 11-04-2023 PERTAINING TO ITEM NO.3 AND

Exhibit P7 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE 1ST PETITIONER DATED 16-03-2023

Exhibit P8 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE 2ND PETITIONER DATED 16-03-2023

Exhibit P9 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 24-02-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.11 OF THE MEETING HELD ON 11-04-2023 NAMELY SRI.NIHAL C.V.

Exhibit P10 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 23-02-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.5 OF THE MEETING HELD ON 11-04-2023 NAMELY SRI.VEERANKUTTY P.P.

Exhibit P11 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 28-03-2023 SUBMITTED BY THE APPLICANT IN ITEM NO.SUPPLEMENTARY 6 OF THE MEETING HELD ON 11-04-2023 NAMELY SELMAT