Sasidharan P vs The Secretary, Regional ...
2023 Latest Caselaw 5581 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
    FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                      WP(C) NO. 14589 OF 2023
PETITIONER:

            SASIDHARAN P.
            AGED 52 YEARS
            S/O KANDAN, PALLIYALI HOUSE, THENHIPPALAM,
            MALAPPURAM DISTRICT, PIN - 673636
            BY ADV SAJU J.VALLYARA


RESPONDENTS:

    1       THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
            MALAPPURAM, CIVIL STATION, MALAPPURAM P.O.,
            MALAPPURAM DISTRICT, PIN - 676505
    2       THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
            REPRESENTED BY ITS SECRETARY, CIVIL STATION,
            MALAPPURAM P.O., MALAPPURAM, PIN - 676505
OTHER PRESENT:

            SRI. SYAMANTHAK B.S -GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   12.05.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.14589 OF 2023
                                 :-2-:

                    SHOBA ANNAMMA EAPEN, J.
                  -----------------------------------------
                       WP.(C) No. 14589 of 2023
                   ----------------------------------------
                 Dated this the 12th day of May, 2023


                              JUDGMENT

Petitioner has approached this Court with the

following prayer:-

"i. Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents to consider and dispose of Exts.P2 and P4 applications for renewal and replacement in respect of Ext.P1 regular permit within a reasonable time limit to be fixed by this Hon'ble Court."

2. Petitioner is the holder of a regular permit

in respect of stage carriage bearing Regn. No. KL-11-S-

4527 to operate on the route Chullottuparamba-

Parappanangadi- Feroke as ordinary service and the

said regular permit was valid upto 27-04-2022. The

said permit has been issued in respect of stage carriage

bearing No.KL-11-S-4527. The petitioner submitted an

application for renewal (Ext.P2) before the expiry of WP(C) NO.14589 OF 2023 :-3-:

Ext.P1. It is the case of the petitioner that his vehicle is

a 2003 model and was under continuous Form 'G' due

to Covid-19 pandemic and lock down and now the

vehicle is in a dilapidated condition. According to him,

while submitting Ext.P2 application, prescribed fee was

not accepted through Parivahan in view of the pendency

of Form 'G'. He has submitted Ext.P3 request in this

regard before the first respondent, stating that whenever

the Office directs, he will remit fee.

3. According to the petitioner, he has acquired

a lease vehicle bearing Regn.No.KL-55-A-3025 and he

had submitted Ext.P4 application for replacement.

Petitioner submits that the said requests are not

considered by the respondents. Aggrieved by this, this

writ petition is filed.

4. Heard the learned counsel for the petitioner

and the learned Government Pleader. WP(C) NO.14589 OF 2023 :-4-:

5. Learned Government Pleader submitted that

the authority ought to be given a right to consider whether

the application for renewal of permit is maintainable as per

law and whether any dues pending to be paid.

6. The learned counsel appearing for the

petitioner submitted that the petitioner is ready to comply

with all these conditions. But, I make it clear that the

issue of grant of renewal of permit and the application for

replacement are to be decided by the authority concerned

in accordance with law.

Therefore, this writ petition is disposed of in

the following manner:

The respondents are directed to consider Exts.P2

and P4 applications for renewal and replacement in

respect of Ext.P1 regular permit as expeditiously

as possible, at any rate, within a period of three WP(C) NO.14589 OF 2023 :-5-:

weeks from the date of receipt of a copy of this

judgment. It would be open to the petitioner to

produce a copy of the writ petition and the judgment

before the respondents for further action.

Sd/-

SHOBA ANNAMMA EAPEN,

JUDGE MBS/ WP(C) NO.14589 OF 2023 :-6-:

APPENDIX OF WP(C) 14589/2023

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-11-S-4527 DATED 19.03.2020 Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P-1 PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DATED 12.04.2022 Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED 12.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION FOR REPLACEMENT DATED 30.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS Exhibit P5 TRUE PHOTOCOPY OF THE REQUEST DATED 30.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT