Kerala High Court
Noushad.A.K vs The Secretary, Regional Transport ... on 5 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 19280 OF 2024
PETITIONER:
NOUSHAD.A.K.
AGED 36 YEARS, S/O SHAMSUDHEEN,
AKASHARIKKANDY HOUSE, MUNDOPADAM VAYAL,
MARAAD, ARAKINAR, KOZHIKODE - 673028.
BY ADV O.D.SIVADAS
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KOZHIKODE, PIN - 673020.
BY ADV.SRI.V.S.SREEJITH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.19280 of 2024
:2:
JUDGMENT
Dated this the 5th day of June, 2024
The petitioner is the owner of Stage Carriage bearing
registration No.KL-11X-2442. He applied for Regular Permit
on the route Feroke - Puthiyappa Harbour and the same was
granted by the Regional Transport Authority, Kozhikode in the
meeting held on 01.04.2023. The said decision was impugned
in MVARP No.100 of 2023 before the State Transport
Appellate Tribunal, Ernakulam and by Ext.P1 order, the
Tribunal directed to re-consider the matter.
2. Pursuant to the above, the Regional Transport
Authority considered the matter in the meeting held on
27.02.2024 and the permit was granted. The route sought is
not a city route and the objection raised to that effect was
considered by the authority. The issuance of Regular Permit
has been not yet made by the respondent on the ground that
there is model code of conduct prevailing in connection with
the Lok Sabha Elections.
3. While convening Timing Conference and also other
acts in connection with the permit, the respondent is
exercising power of the Regional Transport Authority,
delegated as per Rule 133 of the Kerala Motor Vehicle Rules.
Thus, the respondent is a Quasi Judicial Authority and the
model code of conduct is not applicable to proceeding of
Regional Transport Authority and the Secretary, Regional
Transport Authority. In T. M. Basheer v. Secretary, Regional
Transport Authority and Another [2016 (2) KLT 108], this
Court held that model code of conduct would not be a bar for
exercising quasi judicial functions of the respondent.
4. Hence, the alleged reason stated by the
respondent to deny issuance of permit on the ground of model
code of conduct is not sustainable. Hence appropriate
direction is to be issued to the respondent to issue granted
Regular Permit to the petitioner forthwith with tentative set of
timing, contends the Counsel for the petitioner.
5. It is evident that Ext.P2 is the proceeding of the
Regional Transport Authority granting Regular Permit to the
petitioner, which has statutory support. Therefore, it is
necessary that the competent authority issue granted Regular
Permit in accordance with law within a reasonable time.
6. Government Pleader submitted that a Timing
Conference is scheduled to be held on 12.06.2024 and once
the timings are finalised, the permit can be issued
expeditiously.
The writ petition is therefore disposed of directing that
timings in respect of the petitioner's service shall be settled
and the permit shall be issued, as expeditiously as possible
and at any rate, within a period of one month from
12.06.2024.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 19280/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER IN MVARP NO.
100 OF 2023 DATED 30.09.2023 RENDERED
BY THE STATE TRANSPORT APPELLATE
TRIBUNAL, ERNAKULAM.
Exhibit P2 TRUE COPY OF THE PROCEEDING OF THE
REGIONAL TRANSPORT AUTHORITY,
KOZHIKODE DATED 27.02.2024 GRANTING
REGULAR PERMIT TO THE PETITIONER.
