Anikumar .K vs The Regional Transport Authority
2023 Latest Caselaw 13266 Ker

Kerala High Court

Anikumar .K vs The Regional Transport Authority on 15 December, 2023

              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. 42241 OF 2023
PETITIONER:

             ANIKUMAR .K.
             AGED 40 YEARS
             THODIYILVEEDU THAZHUTHALA, MUKATHALA
             P.O.,THRIKKOVILVATTAM , KOLLAM DISTRICT, PIN -
             691577
             BY ADV PRASAD CHANDRAN


RESPONDENTS:

     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 JOBI JOSEPH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 42241 OF 2023         2


                          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

regular permit in respect of the stage carriage bearing

registration No. KL- 17/P 5909 has been adjourned with

direction to the Secretary, RTA to furnish a fresh enquiry

report as the petitioner's application has been treated to

be a fresh application relying on the the provisions of

Section 81(2) of the MV Act, and also taking into the

consideration of GO (P) No. 13/2023 Trans dated

03.05.2023 in Ext.P4.

2. Learned counsel for the petitioner submits

that the petitioner's application for renewal of permit

was filed on 02.09.2023 in respect of the said stage

carriage which got expired on 06.08.2022. The

application for renewal was also accompanied with an

application for condonation of delay. Instead of taking

decision on the 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

routes 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. Sri. Gopinathan. S, learned Senior 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 1 st

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.

5. With the aforesaid direction, the present writ

petition stands disposed of

Sd/-

BASANT BALAJI, JUDGE

SRJ

APPENDIX OF WP(C) 42241/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER VALID TILL 06.08.2022 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