Simon Abraham vs The Regional Transport Authority
2024 Latest Caselaw 5536 Ker

Kerala High Court

Simon Abraham vs The Regional Transport Authority on 16 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                      WP(C) NO. 5481 OF 2024
PETITIONER:

          SIMON ABRAHAM
          AGED 44 YEARS, S/O ABRAHAM,
          KOONTHAMATTATHI HOUSE MONIPALLY PO,
          UZHAVOOR ERNAKULAM DISTRICT - 686636.

          BY ADV STALIN PETER DAVIS


RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY
          REPRESENTED BY ITS SECRETARY CIVIL
          STATION,COLLECTORATE PO KOTTAYAM - 686002.

    2     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          KOTTYAM CIVIL STATION,COLLECTORATE PO,
          KOTTAYAM, PIN - 686002.

          BY ADV.SRI.K.M.FAIZAL, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.5481 of 2024

                                  :2:




                         JUDGMENT

Dated this the 16th day of February, 2024

The writ petition has been filed seeking the following

reliefs:-

"i) Issue a writ of mandamus or any other writs, order or direction directing the 1 st respondent to take a final decision on Ext.P1 application for the grant of a Regular Stage Carriage Permit on the route Achickal Junction - Monipally - Uzhavoor -

Chettimattom Junction - Pala via Athickal Harijan Colony, Valavoor, Mundampalam - Pallikavala - Marangattupally Junction and Kurichithanam Junction, so that it is finalised in next forth coming meeting on 14.02.2024 the same on or by circulating among the members of the Regional Transport Authority under Rule 130 of the Kerala Motor Vehicles Rules and grant the permit as applied for, within that period to be fixed by the Hon'ble Court.

ii) Grant such other relief as this Hon'ble Court may deem fit and proper.

iii) To dispense with the English translation of the document produced in the vernacular language."

2. Counsel for the petitioner submits that Ext.P1

application for Regular Permit on the route Achickal

Junction - Monipally - Uzhavoor - Chettimattom Junction -

Pala via Athickal Harijan Colony, Valavoor, Mundampalam

- Pallikavala - Marangattupally Junction and Kurichithanam

Junction, may be considered in the next Regional Transport

Authority meeting.

3. Government Pleader submits that if the report

has been obtained and the application is complete in all

respects, the same will be considered on the next ensuing

Board meeting of the Regional Transport Authority.

Considering the aforesaid stand of the State, the

present writ petition is disposed of with a direction to the

respondents to consider Ext.P1 application of the petitioner

for Regular Permit on the route Achickal Junction -

Monipally - Uzhavoor - Chettimattom Junction - Pala via

Athickal Harijan Colony, Valavoor, Mundampalam -

Pallikavala - Marangattupally Junction and Kurichithanam

Junction, if the application is complete in all respects and

necessary report shall be obtained in the next ensuing

Board meeting of the RTA.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 5481/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT APPLICATION DATED 22/1/24 ALONG WITH COVERING LETTER Exhibit P2 A TRUE COPY OF THE JUDGMENT IN WPC 43390/23 DATED 21/12/23