Kerala High Court
Sanjeev Mathew vs The Secretary, Regional Transport ... on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 14127 OF 2024
PETITIONER:
SANJEEV MATHEW
AGED 52 YEARS
S/O K.T MATHEW, KALAPURACKAL HOUSE, POOVARANY P.O,
PALA, KOTTAYAM, PIN - 686577
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
KOTTAYAM,CIVIL STATION,
COLLECTORATE P.O, KOTTAYAM, PIN - 686002
SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.14127 Of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024
The petitioner is the holder of a Regular Permit to
operate service on the route Thulappally-Emakulam issued by
the respondent. The Permit is issued in the year 1993,
renewed from time to time and valid up to 18.08.2012.
2. The petitioner submitted application for renewal of
the permit within the statutory period itself. The petitioner was
allowed to operate by virtue of Temporary Permit issued
under section 87(1) (d) of the Motor Vehicles Act. Ext.P4 is a
statutory application submitted by the petitioner for issue of
Temporary Permit under Section 87(1)(d) of the Act before the
respondent. By Ext.P2, the Regional Transport Authority
directed the respondent to issue Temporary Permit under
Section 87(1)(d) of the Act, pending the renewal application
submitted by the petitioner while considering the renewal
WP(C) No.14127 Of 2024
application.
3. The respondent is statutorily bound to issue
Temporary Permit to the petitioner by considering Ext.P4.
Unless the respondent considers and issues Permit, the
petitioner will be put to irreparable injury and hardship. There
is a statutory duty on the part of the respondent to grant
Temporary Permit by considering Ext.P4 application in the
light of Ext.P2 as well as the powers already delegated to the
respondent under Rule 133(1)(i) of the Kerala Motor Vehicles
Rules, contended the counsel for the petitioner.
4. Heard.
5. It is evident that Ext.P4 is an application for
Temporary Permit, which has statutory support. Therefore, it
is necessary that the competent authority considers Ext.P4 in
accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the
respondent-Secretary, Regional Transport Authority to
WP(C) No.14127 Of 2024
consider Ext.P4 application for Temporary Permit in the next
Regional Transport Authority Board meeting itself positively
or at any rate within a period of one month from the date of
receipt of this judgment, in accordance with law, after giving
opportunity of hearing to the affected parties, if any.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.14127 Of 2024
APPENDIX OF WP(C) 14127/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
07.02.2014
Exhibit P2 TRUE COPY OF THE DECISION OF THE
REGIONAL TRANSPORT AUTHORITY DATED
19.02.2020
Exhibit P3 TRUE COPY OF THE ENQUIRY REPORT
SUBMITTED BY THE MOTOR VEHICLE
INSPECTOR DATED 15.03.2024
Exhibit P4 TRUE COPY OF THE TEMPORARY PERMIT
APPLICATION SUBMITTED BY THE
PETITIONER DATED 23.03.2024
