Mohammed Shafi K vs The Regional Transport Authority, ...
2024 Latest Caselaw 11563 Ker

Kerala High Court

Mohammed Shafi K vs The Regional Transport Authority, ... on 23 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
         TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
                         WP(C) NO. 16188 OF 2024
PETITIONER

             MOHAMMED SHAFI K.
             AGED 38 YEARS
             S/O. ABOOBACKER, KUNDUMPURATH HOUSE,
             PUNNAPUZHAPOTTY, PALLIKKUTH P.O.,
             CHUNGATHARA, NILAMBUR, MALAPPURAM DISTRICT.,
             PIN - 679334

             BY ADVS.
             SAJU J.VALLYARA
             MARIA ANGEL


RESPONDENTS:

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




             SRI. AJITH VISWANATHAN-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.16188 Of 2024
                               2




                         JUDGMENT

Dated this the 23rd day of April, 2024

The petitioner has applied for the grant of a Regular

Permit to operate on the route Mooleppadam-Karulai as

Ordinary Service by Ext.P1. Along with Ext.P1 application, the

petitioner has submitted Ext.P2 covering letter explaining the

need for granting permit and also suggested a set of timings

for the grant of regular permit. But the 2 nd respondent has not

taken steps to consider Ext.P1 application in the next meeting

of the 1st respondent.

2. It is evident that Ext.P1 is an application for

Regular Permit, which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P1 in

accordance with law within a reasonable time. WP(C) No.16188 Of 2024

The writ petition is therefore disposed of directing the 1st

respondent-Regional Transport Authority to consider Ext.P1

application for Regular Permit in the next Regional Transport

Authority Board meeting itself positively or at any rate within a

period of two months, after giving opportunity of hearing to the

affected parties.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.16188 Of 2024

APPENDIX OF WP(C) 16188/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 09.01.2024 ALONG WITH FEES RECEIPT Exhibit P2 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 09.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH EXHIBIT P-1 APPLICATION