The Court directed the petitioner to re-submit her application for change of halting place and remit fees. The Regional Transport Authority was ordered to forward the application for consideration within six weeks.
Petitioner to re-submit Ext.P3 application and remit fee within one week. R.T.A. to consider the application within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY,THE 18TH DAY OF JANUARY 2019/28TH POUSHA, 1940
WP(C).No.525 of 2019
PETITIONER:
BEEJA AGED 39 YEARS W/O. CHANDRAN V.N, VEMBILATH HOUSE, MOODAKOLLI POST, IRULAM, SULTHAN BATHERY, WAYNAD-673 592
BY ADVS. SRI.JIKKU SEBAN GEORGE SRI.ARUN AJAY SHANKAR
RESPONDENTS:
2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, KALPETTA, WAYNAD DISTRICT-673 592
4 SULTHAN BATHERY MUNICIPALITY, SULTHAN BATHERY, WAYNAD-673592, REPRESENTED BY ITS SECRETARY.
SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is the registered owner of an autorickshaw bearing registration No.KL-73/A-965 covered by Ext.P1 certificate of registration and Ext.P2 contract carriage permit issued by the
1st respondent to ply the autorickshaw in all fit roads in Wayanad, with halting place at Vakery, which was later changed to CC Junction. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to consider and pass appropriate orders on Ext.P3 application for change of halting place, within a time limit to be fixed by this Court.
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circumstances, the petitioner has approached this Court seeking appropriate reliefs.
instructions would submit that the 2nd respondent is yet to receive Ext.P3 application and that, the said respondent shall accept such application, if it is in order and place it before the 1st respondent Regional Transport Authority.
the petitioner shall re-submit Ext.P3 application before the 2nd respondent and she shall also remit requisite fee, within a period of one week from the date of receipt of a certified copy of this judgment.
In such circumstances, this writ petition is disposed of with the following directions ;
(ii) If the application submitted by the petitioner is in order, the 2nd respondent shall place it before the 1st respondent Regional Transport Authority and
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thereafter, the 1st respondent shall consider the same and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioner and also to the Secretary of the 4th respondent Municipality. The maintainability of such an application shall also be considered by the 1st respondent.
(iii) Decision in this regard shall be taken, as expeditiously as possible, at any rate within a period of six weeks thereafter.
Sd/- ANIL K. NARENDRAN JUDGE
dsn
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF CONTRACT CARRIAGE PERMIT EXHIBIT P3 TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 21508 OF 2018
RESPONDENTS'EXTS:NIL
TRUE COPY
P.S. TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to a direction to re-submit her application for change of halting place and to remit the requisite fee before the Regional Transport Authority.
Whether the Respondents are directed to consider the application within a fixed timeline.
1 provisions across 1 enactments
Beeja
Regional Transport Officer, Kalpetta
Secretary, Regional Transport Authority, Kalpetta
Joint Regional Transport Officer, Sultan Bathery
Sultan Bathery Municipality
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
