Kerala High Court
The Executive Director vs The Secretary, Regional Transport ... on 3 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 31038 OF 2024
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2024:KER:67045
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 31038 OF 2024
PETITIONER:
THE EXECUTIVE DIRECTOR
GOKULAM LOGISTICS PVT, LIMITED, GOKULAM TOWER,
VADAKARA, CALICUT-673101, A.C BABU RAJAN, S/O UNNI
NAIR, AGED 54 YEARS, ANIYACHALIL HOUSE,
KOKKALLURP.O, BALUSSERY, KOZHIKODE-, PIN - 683612
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
VADAKARA
KERALA, PIN - 673104
SRI. SREEJITH V.S.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
The present writ petition has been filed for the following
prayers:
"i. To issue a writ of mandamus or any other appropriate
writ, direction or order directing the respondent to allow
Exhibit.P3, Exhibit.P5, Exhibit.P6 applications submitted by
the petitioner by considering the same on merits and in
accordance with law, untrammeled by the objection referred
in Exhibit.P7, expeditiously at any rate within a time limit to
be fixed by this Hon'ble Court, in the interest of justice;
ii. To issue any other appropriate writ, direction or order
which this Hon'ble Court deem fit in the circumstances of
the case."
2. The petitioner is the Executive Director of Gokulam
Logistics Private Limited. The said Company holding a regular permit
on the route Pathirapetta - Kozhikode Medical College in respect of
stage carriage KL 56 A 8325. The said regular permit is valid up to
06.10.2027. The petitioner submitted an application for replacement
of the said vehicle with KL 18/K 2205, which is a 2012 model vehicle
with 48 seats.
3. The petitioner Company also having another
regular permit on the route Muyipoth - Kozhikode Medical College in
respect of stage carriage KL 56/4300. The said regular permit was
valid up to 16.06.2024. The said vehicle KL 56/4300 has been
WP(C) NO. 31038 OF 2024
2024:KER:67045
sought to be replaced by KL 56 A 8325 vide Ext.P6 application
dated 12.06.2024.
4. This writ petition has been filed seeking direction
for consideration of applications submitted by the petitioner in
Exts.P3, P5 and P6.
5. Sri.Sreejith V.S, learned Government Pleader
submits that it appears that there is some dispute between the
Directors and the letter has been received by the respondent
Secretary from the other Directors that they should be heard for
granting replacement.
Considering the said submissions and averments, the
present writ petition is disposed of with direction to the respondent
to consider and pass respective orders on Exts.P3, P5 and P6
applications, in accordance with law, after hearing all the affected
parties, preferably within a period of one month.
Sd/-DINESH KUMAR SINGH
JUDGE
lsn
WP(C) NO. 31038 OF 2024
2024:KER:67045
APPENDIX OF WP(C) 31038/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXTRACT OF THE MINUTES OF
THE MEETING OF BOARD OF DIRECTORS DATED
08.03.2012
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT DATED
28.02.2023
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER IN THE PRESCRIBED FORM
P.V.A DATED 12.06.2024
Exhibit P4 TRUE COPY OF THE REGULAR PERMIT DATED
17.06.2019
Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER IN THE PRESCRIBED FORM
P.R.A DATED 07.06.2024
Exhibit P6 TRUE COPY OF THE APPLICATION DATED
12.06.2024 SUBMITTED BY THE PETITIONER FOR
REPLACEMENT IN RESPECT OF EXHIBIT.P4
PERMIT
Exhibit P7 TRUE COPY OF THE LETTER ISSUED BY THE 1 ST
RESPONDENT DATED 12.08.2024 WITH ENGLISH
TRANSLATION
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
