Disposed

Rama Padiyar v. the Regional Transport Authority

Kerala HC1 Mar 2021WP(C)/3973/2021

Case brief

AI extract

What is this about?

Petitioner sought renewal of stage carriage permit. Court directed First Respondent to consider application within six weeks after clearing dues and obtaining NPCKr financing confirmation, if any.

What did the court decide?

First Respondent to consider petitioner's application and pass orders within six weeks provided revenue expenditure is cleared and financier's consent obtained.

Rama Padiyar Vs the Regional Transport Authority — Service and Employment | 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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MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

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WP(C).No.3973 OF 2021(V)

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PETITIONER/S:

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RAMA PADIYAR AGED 55 YEARS S/O.GOKUL DAS, HOUSE NO.10.565, AMARAVATHI, FORT KOCHI, ERNAKULAM KOCHI 682 001

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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, REP.BY ITS SECRETARY, COLLECTORATE P.O., KAKKANAD, KOCHI 682 030

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2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, COLLECTORATE P.O., KAKKANAD, KOCHI 682 030

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SR.GP K.P HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3973 OF 2021(V) 2

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JUDGMENT

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Dated this the 1st day of March 2021

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The petitioner is the registered owner of a Stage Carriage bearing Registration No.KL-07/BG-4600 plying in the route Eroor to Aluva. The permit was valid upto 12.01.2020. The vehicle was purchased incurring finance from a Credit Co-operative Society, Ernakulam. He filed an application for renewal of basic permit, within time. The contention of the petitioner is that, though the petitioner had applied for NOC from the financier, no reply has been received and in the light of it, it should be presumed that NOC has been granted under Section 51(7) of the Motor Vehicles Act. The grievance of the petitioner is that the application has not been taken up and considered which causes irreparable injury to the petitioner.

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Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

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The learned Senior Government Pleader, on instructions, submitted that, though the notice was issued

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WP(C).No.3973 OF 2021(V) 3

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to the petitioner twice, he did not turn up and it is also submitted that certain revenue expenditure is pending. Having considered this, I am inclined to dispose of the petition by directing the first respondent to take up and consider the application and pass appropriate orders after giving notice to the financier and on being satisfied that the petitioner has cleared all the revenue expenditure due and pass appropriate orders, within six weeks from the date of receipt of a copy of this judgment. If, for any reason, the meeting could not be convened due to reasons beyond the control of the Regional Transport Authority, it shall be considered by adopting procedure under Rule 130 of the Kerala Motor Vehicles Rules.

Sd/-

SUNIL THOMAS

JUDGE

LEK

WP(C).No.3973 OF 2021(V) 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RC BOOK OF KL-07 BG 4600 EXHIBIT P2 TRUE COPY OF THE PERMIT DATED 18.7.2019 EXHIBIT P3 TRUE COPY OF THE RENEWAL APPLICATION DATED 27.12.2019 EXHIBIT P4 TRUE COPY OF THE REQUEST FOR NO OBJECTION CERTIFICATE DATED 301.2021. EXHIBIT P5 TRUE COPY OF THE DECLARATION SUBMITTED BY THE PETITIONER DATED 8.2.2021 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.23608/2020 DATED 14.11.2020

Rama Padiyar v. the Regional Transport Authority

Case brief

What is this about?

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Rama Padiyar v. the Regional Transport Authority

Case brief

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