Geetha .G vs The Regional Transport Authority
2023 Latest Caselaw 13260 Ker

Kerala High Court

Geetha .G vs The Regional Transport Authority on 15 December, 2023

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WPC 42440/23



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 15TH DAY OF DECEMBER         2023 / 24TH AGRAHAYANA, 1945
                         WP(C) NO. 42440 OF 2023


PETITIONER/S:
               GEETHA .G. AGED 35 YEARS W/O GOPAKUMAR ,
               GEETHANJALI , SOORANADU NORTH P.O.,
               PADINJATTAMKIZHAKK, KARUNGAPPALLY,
               KOLLAM DISTRICT, PIN - 690523
               BY ADV PRASAD CHANDRAN


RESPONDENT/S:


     1         THE REGIONAL TRANSPORT AUTHORITY KOLLAM
               REPRESENTED BY ITS SECRETARY CIVIL STATION, KOLLAM,
               PIN - 691013
     2         THE SECRETARY REGIONAL TRANSPORT AUTHORITY
               KOLLAM , CIVIL STATION, KOLLAM, PIN - 691013


OTHER PRESENT:


               SR GP JOBY   JOSEPH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                    2
WPC 42440/23




                             JUDGMENT

(Dated this the 15th day of December 2023)

The present writ petition has been filed impugning the

decision of 1st respondent in Ext.P3 dated 19.07.2023, whereby

the petitioner's application for the renewal of his permit in

respect of the stage carriage bearing registration No. KL-05 V

5758 for the route Cheekalkadavu - Padyanarkulangara temple

has been adjourned with direction to the Secretary, RTA to

furnish fresh enquiry report as the petitioner's application has

been treated to be a fresh application on the provisions of

Section 81 taking into the consideration of GO (P) No.

13/2023/TRANS dated 03.05.2023.

2. Learned counsel for the petitioner submits that the

petitioner's application for renewal of permit was filed on

9.6.2022 in respect of the said stage carriage which got expired

on 4.6.2022. The application for renewal was also accompanied

with application for condonation of delay. Instead of taking

decision on application for condoning the delay, the 1st

respondent has proceeded with the application of the petitioner

as an application for fresh permit in view of the Government

Notification No. GO (P) No. 13/2023/TRANS dated

03.05.2023 which has no relevance in respect of the renewal of

permit for route which are less than 140 kms. In the case of the

petitioner, the route for which petitioner seeking permit was

less than 140 kms. Therefore, the notification has no relevance

at all.

3. The Government Pleader also does not dispute the fact

that the notification has no relevance in the facts of the present

case.

4. Considering the aforesaid, the present writ petition is

disposed of with a direction to the 1st respondent to consider the

application of the petitioner for condonation of delay in filing

renewal application in accordance with law and pass necessary

orders, expeditiously.

Sd/-

BASANT BALAJI, JUDGE dl/

APPENDIX OF WP(C) 42440/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF PERMIT DATED 09.06.2022 Exhibit P2 A TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 15.02.2023 Exhibit P3 A TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 19.07.2023 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN W.P.(C) 34575/2023 DATED 28.11.2023