Kerala High Court
Aneesh C.P vs The Secretary, Regional ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42847 OF 2022
PETITIONER:
ANEESH C.P.,
S/O. NARAYANAN NAMBIAR, CHANDRIKA SADANAM,
ANJARAKANDY, KARAPERAVOOR, KEEZHALLUR PO, THALASSERY,
KANNUR, PIN-670 612.
BY ADV O.D.SIVADAS
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
KANNUR, PIN-670 002.
OTHER PRESENT:
SRI .JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.42847 of 2022 2
P.V.KUNHIKRISHNAN, J
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WP(C) No. 42847 of 2022
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or any other appropriate writ,
order or direction to the respondent to issue regular permit
in respect of stage carriage No. KL-58/G-2529, granted as
per Ext.P2 after settlement of timings, without insisting
any stipulation regarding age of the vehicle;
ii. Declare that the prescription of minimum age limit for
availing fresh regular permit done is illegal and arbitrary
and the same is in violation to the dictum laid down by this
Hon'ble Court Shihabudeen and others vs. STA and
others (2020 (2) KHC 357: 2020 (2) KLT 211).
iii. Grant such other reliefs which this Honorable court just
and fit in the circumstance of the case.
2. The petitioner has applied for the regular permit on the route
Kooranmukku - Irritty - Mattannur - Chakkarakal, Uliyil, Thillankeri - Kakkengad
Mamanam Temple- Irikkur, Kodolipram, Kalappa, Anjarakandy, Karaperavoor-
Keezhallur, which was granted in the meeting held on 29/08/2022. The writ
petition is filed for, issuing a direction to the respondent to issue regular permit in
respect of the vehicle of the petitioner, granted as per Ext.P2 after settlement of
time, without insisting any stipulation regarding the age of the vehicle.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
4. Both sides submitted that the timing is already settled and what
remains is only issuance of permit. If that be the case, the writ petition itself can
be disposed of directing the respondent to issue the permit within a time frame
based on the vehicle offered by the petitioner without insiting the age of the
vehicle in the light of the dictum made on by this Court in Shihabudeen and
others Vs STA and others (2020(2) KHC 357).
Therefore this writ petition is disposed of with the following direction;
There will be a direction to the respondent to issue the
regular permit in respect of stage carriage bearing
registration No.KL-58/G-2529, granted as per Ext.P2, as
expeditiously as possible, at any rate, within 10 days from
the date of receipt of a copy of this judgment, without
insisting the age of the vehicle.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF WP(C) 42847/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE
AGENDA OF THE RTA MEETING HELD ON
29.8.2022, WITH THE PROPOSED SET OF TIMING
ISSUED BY THE RESPONDENT.
Exhibit P2 TRUE COPY OF THE DECISION OF THE RTA
MEETING DATED 29.8.2022 OF THE RESPONDENT.
Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF NOTICE
OF TIMING CONFERENCE ISSUED BY THE
RESPONDENT.
Exhibit P4 TRUE COPY OF THE DECISION OF THE STATE
TRANSPORT AUTHORITY (STA) DATED 14.6.2017.
Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE
DECISION OF THE STA ON 16.1.2019.
Exhibit P6 TRUE COPY OF THE DICTUM LAID DOWN BY THIS
HON'BLE COURT IN SHIHABUDEEN AND OTHERS VS.
STA AND OTHERS (2020 (2) KHC, 357: 2020 (2)
KLT 211).
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.33522/2022 RENDERED BY THIS HON'BLE
COURT.
