Kerala High Court
Abdullakoya P.K vs The Secretary (Regional Transport ... on 4 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 19963 OF 2024
PETITIONER:
ABDULLAKOYA P.K.,
AGED 65 YEARS,
S/O. MUHAMMED KUTTY P.K.,
PANAMTHODI HOUSE,
KANNAPPANTHODI,
KALLAMPARA,
PERUMUGHAM P.O.,
FEROKE,
KOZHIKODE DISTRICT,
PIN - 673631
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY (REGIONAL TRANSPORT OFFICER),
REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE,
CIVIL STATION,
KOZHIKODE DISTRICT,
PIN - 673020.
BY ADV.
SRI.S.GOPINATHAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19963/2024
:2:
JUDGMENT
Dated this the 4th day of June, 2024
The petitioner states that while he was operating
services on the route Poovattuparamba - Feroke with the
stage carriage bearing No.KL-11Y-9962, the petitioner
applied for variation by extending the service from
Kunnathupalam - Medical College. According to the
petitioner, such an extension will be highly beneficial to the
travelling public. The Regional Transport Authority granted
variation subject to settlement of timings as per Ext.P2
proceedings.
2. The petitioner states that he has produced the
current records of the vehicle and requested for issuance of
varied Regular Permit by Ext.P3 request. However, the
respondent has not taken any steps to issue varied permit.
3. Senior Government Pleader entered appearance
and resisted the writ petition. The Senior Government
Pleader submitted that if variation is allowed, necessarily
timings will have to be allotted and timings can be allotted
only after considering the entire facts of the case and after
hearing the affected parties. Similarly, the petitioner will
have to produce the current records of the vehicle.
4. Heard.
5. It is not disputed that the variation has been
allowed. What is remaining is only issuance of Variation
Permit. Variation Permit requires allotment of timings,
which in turn can be issued only after hearing affected
parties and if the petitioner produces current records of the
vehicle.
In the circumstances of the case, the writ petition
is disposed of directing that if the petitioner produces/has
produced current records of the vehicle, then Ext.P3
application for issuance of Variation Permit may be
considered and orders passed within a period of three
weeks in accordance with law and after hearing affected
parties.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 19963/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT
VIDE NO.KL1111/127/1997 ISSUED BY THE
RESPONDENT TO THE PETITIONER IN
RESPECT OF HIS STAGE CARRIAGE KL-11-
Y-9962 DATED 13.09.2022
Exhibit P2 TRUE PHOTOCOPY OF THE PROCEEDINGS OF
THE REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE DATED 27.02.2024 VIDE ITEM
Exhibit P3 TRUE PHOTOCOPY OF THE REQUEST DATED
23.05.2024 SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENT
