Kerala High Court
Wilson Thengumpallil Chacko vs The Regional Transport Authority on 6 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:67900
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 28897 OF 2024
PETITIONER:
WILSON THENGUMPALLIL CHACKO,
AGED 45 YEARS
S/O. CHACKO CHANDY, THENGUMPALLIL HOUSE, MALLAPPALLY
WEST P.O., MALLAPPALLY, PATHANAMTHITTA, PIN - 689585.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
PATHANAMTHITTA, PARAYIL BUILDING, COLLEGE ROAD,
MAKAMKUNNU P.O., PATHANAMTHITTA , REPRESENTED BY ITS
SECRETARY, PIN - 689645.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, PARAYIL
BUILDING, COLLEGE ROAD, MAKAMKUNNU P.O, PATHANAMTHITTA,
PIN - 689645.
3 THE REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, COLLECTORATE P.O, KOTTAYAM,
REPRESENTED BY ITS SECRETARY, PIN - 686002.
SRI.S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 28897 OF 2024 2
JUDGMENT
The present writ petition has been filed impugning Ext.P2
whereby the petitioner's application for grant of fresh regular permit
for stage carriage to operate on route Manimala-Thiruvalla via
Manimalakkavu, Pulikkallu, Vallamchira, Kottangal, Chunkappara,
Kaadikkavu, Panchayatpadi, Chennikkara, Vaipur, padimon,
Cherthode, Mallappally, Madukkoli, Chengaroorchira, Kunnanthanam,
Paippadu, Kizhakkanmuthoor, Deepa junction has been postponed
with a direction to the 2nd respondent, Secretary, Regional Transport
Authority, Pathanamthitta to obtain concurrence from Regional
Transport Authority, Kottayam for the portion of the route under
their jurisdiction.
2. Mr.S.Gopinathan, the learned Senior Government Pleader
submits that out of 43.2 km total length of the route, 35.4 km lies in
Pathanamthitta district and 7.8 km in Kottayam district. Unless the
concurrence of Regional Transport Authority, Kottayam is obtained,
the petitioner cannot be issued with regular permit for the said route.
The learned Senior Government Pleader has further submitted that
the respondent authority can grant regular permit subject to the
concurrence of the other Regional Transport Authority within whose
2024:KER:67900
jurisdiction the portion of the route falls. Unless concurrence is
obtained, the petitioner cannot be issued with regular permit.
3. The learned counsel for the petitioner, however,
submitted that the petitioner has no role in obtaining the
concurrence of the Regional Transport Authority, Kottayam and it is
for the Regional Transport Authority, Pathanamthitta to obtain
concurrence from the Regional Transport Authority, Kottayam.
Considering the aforesaid submissions, the present writ
petition is disposed of with a direction to the 1st and 2nd respondents
to process the application of the petitioner for regular permit and
obtain the concurrence of competent authorities, whichever is
required for issuing the regular permit to the petitioner for the said
route in accordance with law preferably within a period of one month
from today.
Sd/-
DINESH KUMAR SINGH
JUDGE
Sru
2024:KER:67900
APPENDIX OF WP(C) 28897/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGULAR
PERMIT SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 12-02-2024.
Exhibit P2 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 13-06-2024
IN ITEM NO.14.
Exhibit P3 TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS
HON'BLE COURT ON 08-12-2023 IN W.P.(C)
NO.41158/2023.
