K.K. Abdul Gafoor vs The Regional Transport ...
2023 Latest Caselaw 2007 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944

                    WP(C) NO. 2695 OF 2023

PETITIONER/S:

           K.K. ABDUL GAFOOR
           AGED 52 YEARS
           KARUVANGATT KAVIL HOUSE,
           RANGATTOOR, NADUVATTOM P.O., KUTTIPPURAM,
           MALAPPURAM DISTRICT, PIN - 679571

           BY ADV I.DINESH MENON

RESPONDENT/S:

    1      THE REGIONAL TRANSPORT AUTHORITY,
           MALAPPURAM, REGIONAL TRANSPORT OFFICE,
           MALAPPURAM, PIN - 676505

    2      THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY MALAPPURAM,
           REGIONAL TRANSPORT OFFICE, MALAPPURAM, PIN - 676505

           SMT AMMINIKUTTY SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 2695 OF 2023

                                           2



                                     JUDGMENT

This writ petition is filed seeking the following relief:

i. Issue a writ of mandamus or such other writs, order or direction, commanding the first respondent Regional Transport Authority Malappuram to consider Exhibit P1 application for regular permit on the route Tirur - Perunthallur palli and pass orders on the application notwithstanding the fact that no ready vehicle is offered, taking note of the decision reported in 1980 KLT 249 and 2000 [1] KLT 25, within a time frame as this Hon'ble Court may deem fit and proper.

2. Sri. I. Dinesh Menon, the learned counsel appearing for the

petitioner, submits that the petitioner has submitted Ext. P1 application for

regular permit and requests that direction be issued to the 1st respondent to

consider the same in the light of Ext. P4, within a time frame with due notice.

3. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the respondent to take up, consider

and pass appropriate orders on Ext P1 in the light of Ext. P4, WP(C) NO. 2695 OF 2023

after affording an opportunity of being heard, either physically

or virtually, to the petitioner herein and other affected parties, if

any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of one month from the date of production

of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 2695 OF 2023

APPENDIX OF WP(C) 2695/2023

PETITIONER EXHIBITS

Exhibit P-1 . A TRUE COPY OF THE REGULAR PERMIT APPLICATION SUBMITTED BY THE PETITIONER DATED 20.1.2023

Exhibit P-2 A TRUE COPY OF THE COVERING LETTER ALONG WITH PROPOSED TIMINGS AND ROUGH SKETCH DATED 20.01.2023

Exhibit P-3 A TRUE COPY OF THE DECISION REPORTED IN 1980 KLT 249 DATED 15/01/1980

Exhibit P-4 A TRUE COPY OF THE DECISION REPORTED IN 2000[1] KLT SN 25 DATED 05/01/2000

Exhibit P-5 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.

31790/2022 DATED 07/10/2022