Kerala High Court
Aravindakshan vs The Regional Transport Authority, ... on 15 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 15TH DAY OF FEBRUARY 2024/26TH MAGHA, 1945
WP(C) NO. 5959 OF 2024
PETITIONER:
ARAVINDAKSHAN,
AGED 60 YEARS,
S/O AYYAPPAN,
AREEKKARA HOUSE,
POTTAMMAL, NELLICODE,
KUTHIRAVATTOM,
KOZHIKODE., PIN - 673016
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE,
REPRESENTED BY ITS SECRETARY,
GROUND FLOOR CIVIL STATION,
WAYANAD RD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE, GROUND FLOOR CIVIL STATION,
WAYANAD RD, ERANHIPPALAM,
KOZHIKODE, PIN - 673020
BY ADV.
SRI.K.M.FAISAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.5959/2024
:2:
JUDGMENT
Dated this the 15th day of February, 2024
The petitioner is the holder of a Regular Permit to
operate services on route Meenchanda-Medical College in
respect of stage carriage No.KL-11S-4419. The said
Regular Permit is issued in the year 2006 renewed from
time to time and valid up to 07.07.2021.
2. The petitioner submitted Ext.P2 application for
renewal of permit for a further period of 5 years under
Section 81 of the Motor Vehicles Act, 1988, within the
permissible time. The petitioner also submitted Ext.P3
application for replacement. Exts.P2 and P3 are statutory
applications, which can be considered and allowed by the
respondents itself, since the route is an intra district route
completely falls within the jurisdiction of the respondents.
3. The power to grant renewal as well as
replacement has been already delegated to the respondent
for the prompt and convenient dispatch of business under
Rule 133 of the Kerala Motor Vehicles Rules, 1989.
Pending these applications, the service is to be maintained
on the route and therefore the petitioner submitted
application for four months Temporary Permit enabling to
operate the service. The respondents have statutory duty
to consider the applications submitted by the petitioner for
Temporary Permit also pending orders on the renewal
application as well as replacement application. Hence, the
petitioner has filed this writ petition.
4. It is evident that Exts.P2, P3 and P4 are
applications filed by the petitioner which have statutory
support. Therefore, it is necessary that the competent
authority considers Exts.P2, P3 and P4 in accordance with
law, within a reasonable time.
The writ petition is therefore disposed of directing
the 2nd respondent-Secretary, Regional Transport Authority
to consider Exts.P2 and P3 applications submitted by the
petitioner within a period of two months and Ext.P4
application for Temporary Permit within a period of two
weeks and take appropriate decision thereon in accordance
with law, after giving an opportunity of hearing to the
affected parties.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 5959/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
19/06/2006
Exhibit P2 TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED
25.08.2021
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
REPLACEMENT SUBMITTED BY THE
PETITIONER AS EARLY ON 24.06.2023
Exhibit P4 TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER FOR GRANT
OF TEMPORARY PERMIT PENDING RENEWAL
APPLICATION DATED 01.02.2024
