Maheswari vs The Regional Transport Authority
2024 Latest Caselaw 10222 Ker

Kerala High Court

Maheswari vs The Regional Transport Authority 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. 14064 OF 2024
PETITIONER:

              MAHESWARI
              AGED 35 YEARS
              W/O. AYYAPPAKUMAR ANAYAPPAM CHELLLA,
              PAMPAMPALLAM POST, PUTHUSSERY EAST,
              KANJIKODE, PALAKKAD,, PIN - 678621

              BY ADV O.D.SIVADAS


RESPONDENTS:

     1        THE REGIONAL TRANSPORT AUTHORITY
              REPRESENTED BY ITS SECRETARY,
              CIVIL STATION, PALAKKAD, PIN - 678001
     2        THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              CIVIL STATION, PALAKKAD,
              PIN - 678001

              SRI.SREEJITH V.S-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.14064 Of 2024
                                 2


                            JUDGMENT

Dated this the 5th day of April, 2024

The petitioner is an existing Stage Carriage Operator on

the route Palakkad-Moolakkada. The Permit is issued in respect

of Stage Carriage bearing registration No.KL-09AM-7784, which

is valid till 29.07.2028.

2. The vehicle is a 2009 model Bus with seating capacity

of 28. Since the vehicle was having mechanical complaints, the

petitioner submitted Ext.P2 application for replacement of the

above vehicle by Stage Carriage No.KL-51A-6465, which is

2010 model vehicle with seating capacity of 38. But, the 2nd

respondent has not entertained the application and granted

replacement.

3. Aggrieved by the inaction on the part of the 2 nd

respondent in considering Ext.P2 application, the petitioner has

filed this writ petition seeking appropriate direction to entertain

the application for replacement and pas orders thereon without WP(C) No.14064 Of 2024

any delay.

4. Heard.

5. It is evident that Ext.P2 is an application for

replacement of vehicle which has statutory support. Therefore, it

is necessary that the competent authority considers Ext.P2 in

accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing the 2 nd

respondent-Secretary, Regional Transport Authority to consider

Ext.P2 application for replacement of vehicle within a period of

three months. If the material difference with the incoming

vehicle is more than 25%, the 2nd respondent shall post the

matter before the Regional Transport Authority Board meeting

and the Regional Transport Authority Board shall consider the

application in the ensuing Board meeting itself, in accordance

with law.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.14064 Of 2024

APPENDIX OF WP(C) 14064/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE NO. KL 09/AM 7784 DATED 19/10/2023 WHICH IS VALID TILL 29.07.2028 Exhibit P2 THE COPY OF THE APPLICATION DATED 21.03.2024 SUBMITTED FOR REPLACEMENT