Abdul Rafeeq.N vs The Regional Transport Authority, ...
2024 Latest Caselaw 5127 Ker

Kerala High Court

Abdul Rafeeq.N 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. 5981 OF 2024
PETITIONER:

         ABDUL RAFEEQ N.,
         AGED 48 YEARS,
         S/O. MOHAMMED KUNJI HAJI,
         NEERCHAL HOUSE,
         MOODAMBALI POST,
         MANJESHWARA,
         KASARGOD, PIN - 671323

         BY ADV PRASAD CHANDRAN


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY,
         KASARGOD,
         REPRESENTED BY ITS SECRETARY,
         CIVIL STATION, VIDAYANAGAR,
         KASARGOD, PIN - 671123
    2    THE SECRETARY REGIONAL TRANSPORT AUTHORITY,
         REGIONAL TRANSPORT AUTHORITY,
         KASARGOD,
         OFFICE OF THE REGIONAL TRANSPORT OFFICER,
         CIVIL STATION, VIDAYANAGAR,
         KASARGOD., PIN - 671123

         BY ADV.
         SRI.K.M.FAIZAL, 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.5981/2024
                                   :2:




                            JUDGMENT

Dated this the 15th day of February, 2024

The petitioner is the holder of a Regular Permit to

operate services on the route Miyapadavu-Uppala-

Pathuvadi-Valiyoor-Chigurupade. He submitted an

application so as to vary the condition of permit in respect of

the extension of 22 Km. The application was enquired

through the field officer and it is reported that the same is

beneficial for the public. There are six colleges including

medical and engineering colleges and one University on the

route.

2. The 1st respondent has now adjourned the

application and passed Ext.P2 order calling for modified

proposal of timings without change in existing timings and

calling for another enquiry report. The application for

Regular Permit is adjourned on untenable grounds. Unless

and until the application is considered and final orders

passed invoking the powers under Rule 131 of the Kerala

Motor Vehicles Rules, the petitioner will be put to great

prejudice and hardship by the action taken by the

respondents, since the application is adjourned asking for a

further report. The 1st respondent is duty bound to consider

the application at the earliest, contends the petitioner.

3. It is evident that the application submitted by the

petitioner has statutory support. Therefore, it is necessary

that the competent authority considers the petitioner's

application in accordance with law, within a reasonable time.

The writ petition is therefore disposed of directing

the 2nd respondent-Secretary, Regional Transport Authority

to reconsider Ext.P2 decision taken on the application

submitted by the petitioner in the next RTA meeting or at any

rate within a period of two months, in accordance with law

and after giving an opportunity of hearing to the affected

parties.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 5981/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE EXTRACTS OF THE AGENDA PUBLISHED IN THE MEETING OF

DATED 11.01.2024 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 11.01.2024