Muhammed Ismail P.A vs The Regional Transport Authority
2024 Latest Caselaw 27756 Ker

Kerala High Court

Muhammed Ismail P.A vs The Regional Transport Authority on 13 September, 2024

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WP(C) NO. 32957 OF 2024                            2024:KER:70294



            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

   FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                     WP(C) NO. 32957 OF 2024


PETITIONER(S):

          MUHAMMED ISMAIL P.A.,
          AGED 61 YEARS, S/O AIDROSS, PANNAMPADIKKAL HOUSE,
          SANTHIPURAM P.O., KODUNGALLUR, THRISSUR DISTRICT,
          PIN - 680668.


          BY ADV O.D.SIVADAS


RESPONDENT(S):

    1     THE REGIONAL TRANSPORT AUTHORITY
          THRISSUR, REPRESENTED BY ITS SECRETARY, CIVIL STATION,
          THRISSUR, PIN - 680003.

    2     THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,
          REPRESENTED BY ITS SECRETARY, CIVIL STATION,
          ERNAKULAM, PIN - 682016.

          BY SRI.JUSTIN JACOB, SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 32957 OF 2024                               2024:KER:70294



                           JUDGMENT

The petitioner, an existing stage carriage operator on the

route Ernakulam-Guruvayoor via Kalloor, FACT, Muttar,

Koonammavu, Paravur, Kodungallur and Triprayar, has filed

this writ petition seeking a direction to the 1st respondent to

pass orders on Ext.P2 application for grant of concurrence for

variation of Ext.P1 permit in respect of his stage carriage

bearing No. KL-47/L 3188 within a time frame.

2. It is submitted that the application for variation of

condition of the permit so as to vary the route between

Kunnumpuram Junction to Koonammavu through Varapuzhga

Bridge instead of Muttar Bridge, has been submitted because

of the opening of Varapuzha Bridge and by such operation,

there will be a reduction of 8 Kms, which is highly beneficial

to the long distance passengers. Therefore, the petitioner has

submitted Exhibit P2 request before the 1st respondent for

variation of permit. For consideration of Exhibit P2

WP(C) NO. 32957 OF 2024 2024:KER:70294

application, concurrence of the 2nd respondent is required.

However, no decision has been taken by the 1st respondent

till date. Hence this writ petition.

3. The learned Government Pleader submits that

necessary decision will be taken on the application of the

petitioner in accordance with the law.

4. Considering the facts and circumstances of the case,

the present writ petition is disposed of with a direction to the

respondents to consider and pass orders on Exhibit P2

application for variation of permit filed by the petitioner, in

accordance with law within a period of two months, after

affording an opportunity of hearing to the petitioner and all

affected persons.

The writ petition stands finally disposed of.

Sd/-

HARISANKAR V. MENON JUDGE Skk//13.09.2024

WP(C) NO. 32957 OF 2024 2024:KER:70294

APPENDIX OF WP(C) 32957/2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 REGULAR PERMIT DATED 28.02.2023 ISSUED TO THE PETITIONER BY THE RESPONDENT IN RESPECT OF STAGE CARRIAGE BEARING NO.KL 47 L 3188.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 21.08.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HON'BLE COURT IN W.P. (C) NO.32047 OF 2023 RENDERED BY THIS HON'BLE COURT.

RESPONDENTS'EXHIBITS: NIL