Disposed

Shaji Kuruvila v. the Regional Transport Authority

Kerala HC8 Oct 2020WP(C)/14002/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by stage carriage operators seeking expeditious consideration of an application to transfer a regular stage carriage permit. The Court directed the respondents to pass orders after hearing concerned parties and mandated compliance within eight weeks. It permitted resorting to Rule 130 of the Kerala Motor Vehicle Rules, 1989.

What did the court decide?

Direction to respondents to consider the transfer application and pass orders within eight weeks after hearing all concerned parties.

Shaji Kuruvila Vs the Regional Transport Authority — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA, 1942

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WP(C).No.14002 OF 2020(A)

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PETITIONER/S:

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1 SHAJI KURUVILA, AGED 55 YEARS, S/O.KURUVILA KURUVILA, MONUVILLA, VADAVATHOOR P.O., KOTTAYAM.

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2 JENSON ALEX, AGED 32 YEARS, S/O.ALEX, MYALIL HOUSE, KALLARA SOUTH P.O., VAIKOM.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT/S:

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1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICE, COLLECTORATE P.O., KAKKANAD-682030.

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2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REGIONAL TRANSPORT OFFICE, COLLECTORATE P.O., KAKKANAD-682030.

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SRI BIMAL K NATH SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14002 OF 2020

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JUDGMENT

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The 1st petitioner is a stage carriage operator and he holds a regular permit in respect of stage carriage bearing Reg. No.KL-05/AH-3699. He along with the 2nd petitioner submitted a joint application for transfer of Ext.P1 permit from the name of the 1st petitioner to that of the 2nd petitioner before the 1st respondent. Their grievance is that no action has been taken on Ext.P2 application till date. They have therefore approached this Court seeking a direction to the respondents to consider and pass orders on Exhibit-P2 application in an expeditious manner by resorting to circulation of papers under Rule 130 of the Kerala Motor Vehicle Rules, 1989.

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Heard the learned Senior Government Pleader, who submits that there is no impediment in considering the said request.

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Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of directing the respondents to take up Exhibit-P2 and pass appropriate orders, after affording the petitioners as well as the affected parties an opportunity of being heard. Orders shall be passed strictly in compliance with the procedure, expeditiously, at any rate, within a period of eight weeks from the date of receipt of a certified copy of this judgment. If the situation so warrants and if there are no other impediments, the respondents may resort to Rule 130 of the Kerala Motor Vehicle Rules.

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WP(C).No.14002 OF 2020

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The petitioners shall produce a copy of the writ petition along with the judgment before the respondents to ensure compliance.

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SD/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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DSV

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WP(C).No.14002 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT IN THE NAME OF THE FIRST PETITIONER. EXHIBIT P2 TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER DATED 29.6.2020. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.24703/2019 DATED 19.9.2019.

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RESPONDENT'S/S EXHIBITS:

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//TRUE COPY// P.A.TO JUDGE

Shaji Kuruvila v. the Regional Transport Authority

Case brief

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Shaji Kuruvila v. the Regional Transport Authority

Case brief

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