Madhusoodhanan K K vs The Secretary
2023 Latest Caselaw 198 Ker

              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. 42923 OF 2022
PETITIONER:

             MADHUSOODHANAN K K,
             S/O. KUNHIRAMAN NAIR, RAMALAYAM, PO KANNADIPARAMBA,
             KANNADIPARAMBA, KANNUR,
             PIN-670 604.

             BY ADV O.D.SIVADAS


RESPONDENT:

             THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY, KANNUR,
             PIN-670 002.


OTHER PRESENT:

             SRI.JIMMY GEORGE-GP


      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.42923 of 2022                       2

                     P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                     W.P.(C) No. 42923 of 2022
                   --------------------------------------
               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, commanding the respondent to issue regular permit in respect of stage carriage bearing No.KL- 59/B-0666, granted as per Ext.P1 to the petitioner after settlement of timing, without insisting any condition 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) grant such other reliefs which this Honorable court just and fit in the circumstance of the case.

2. The petitioner is a grantee of permit and the petitioner

produced a stage carriage bearing registration No. KL-59/B-0666 and

requested to issue the permit. But, the grievance of the petitioner is that

respondent has taken the stand that since the vehicle produced by the

petitioner is aged more than 8 years, the permit could not be issued.

Hence,this writ petition is filed.

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

Government pleader.

4. Both sides submit that, the points raised in this writ petition is

covered in favour of the petitioner in Shihabudeen and others Vs STA and

others (2020(2) KHC 357). In the light of the same this writ petition can be

disposed of.

Therefore, this writ petition is disposed of directing the respondent to

issue regular permit in respect of stage carriage bearing registration No.

KL-59/B-0666 in the light of Ext.P1 to the petitioner, after settlement of

timings without insisting any condition regarding the age of the vehicle.

Sd/-

P.V.KUNHIKRISHN JUDGE AMR

APPENDIX OF WP(C) 42923/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DECISION OF THE RTA MEETING DATED 29.8.2022 OF THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 20/12/22 TO THE RESPONDENT WITH TRANSLATION.

Exhibit P3 TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY (STA) DATED 14.6.2017.

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE DECISION OF THE STA ON 16.1.2019.

Exhibit P5 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 P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.33522/2022 RENDERED BY THIS HON'BLE COURT/ DATED 25.10.22