Disposed

Sreeraj C. H. v. the Secretary, Regional Transport Authority

Kerala HC7 Apr 2021WP(C)/2888/2021

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition seeking directive to the Regional Transport Authority to consider a permit renewal application without insisting on a permitless certificate. The court directed the authority to pass orders within four weeks, referencing a precedent.

What did the court decide?

Directed the respondent to pass orders on the application within four weeks from the date of receipt of the judgment.

Sreeraj C. H. Vs the Secretary, Regional Transport… — Writ and Judicial Review | Kerala HC (2021)

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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 SUNIL THOMAS

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WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

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WP(C).No.2888 OF 2021(I)

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PETITIONER:

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SREERAJ C. H. AGED 42 YEARS S/O. NARAYANAN, SUGANDHI NILAYAM, CHIRAKKAL, KANNUR.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CIVIL STATION, KANNUR, PIN - 670 002.

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SRI.BIMAL K NATH,SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2021, ALONG WITH WP(C).16905/2020(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2888 OF 2021(I) 2

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JUDGMENT

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Dated this the 7th day of April 2021

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The petitioner is a stage carriage operator conducting service on the route in Kozhikode and Kasaragod as LSOS in relation to stage carriage KL-13/Z 3900. Ext.P1 is the regular permit. The petitioner has submitted an application for renewal and the matter is pending and it is also stated that, in the light of the decision in [2018 (4) KHC 617] , the petitioner is entitled to get renewal of permit as LSOS. The prayer sought by the petitioner is for directing the respondent to consider Ext.P2 application without insisting permitless certificate and grant clearance certificate.

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A statement has been filed by the learned Senior Government Pleader vehemently opposing this application and relying on the decision reported in Secretary RTA vs. Abdul Salam.V.K. and Others [2016 KHC 429] . It was contended

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by the learned Senior Government Pleader that the prayer

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WP(C).No.2888 OF 2021(I) 3

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sought in the writ petition cannot be granted under the provisions of law.

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Without adverting to any of the claims set up by the petitioner, I am inclined to dispose of the writ petition directing the respondent to pass orders on Ext.P2, with reference to pass orders, as expeditiously as possible, at any rate, within a period of four weeks from today on the date of receipt of a copy of this judgment. The authority shall also referred to the decision reported in Secretary RTA vs. Abdul Salam.V.K. and Others [2016 KHC 429] .

Sd/-

SUNIL THOMAS

JUDGE

LEK

WP(C).No.2888 OF 2021(I) 4

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APPENDIX OF WP(C) 2888/2021

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE REGULAR PERMIT ISSUED TO STAGE CARRIAGE NO.KL 13/Z 3900.

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EXHIBIT P2 COPY OF THE APPLICATION DATED

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21.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

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EXHIBIT P3 COPY OF THE JUDGMENT IN WP(C) NO.1837 OF 2017 DATED 15.02.2017 RENDERED BY THIS HON'BLE COURT.

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EXHIBIT P4 COPY OF THE JUDGMENT IN WP(C) NO.31243 OF 2018 DATED 01.10.2018 RENDERED BY THIS HON'BLE COURT.

Sreeraj C. H. v. the Secretary, Regional Transport Authority

Case brief

What is this about?

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Sreeraj C. H. v. the Secretary, Regional Transport Authority

Case brief

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