Disposed

Jiji Kurian v. the Regional Transport Authority

Kerala HC1 Mar 2021WP(C)/4190/2021

Case brief

AI extract

What is this about?

Court disposed of a writ petition filed by a permit holder challenging delay in permit renewal. Directed the respondent to expedite the report from the other RTA and pass orders within six weeks. Directly invoked Rule 130 if the meeting could not be convened.

What did the court decide?

Directed respondent to expedite report from RTA Thrissur, place before next meeting, and pass orders within six weeks or via Section 130 of Kerala Motor Vehicles Rules if meeting inconceivable.

Jiji Kurian Vs the Regional Transport Authority — Service and Employment | Kerala HC (2021)

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W.P.(C) No.4190/2021

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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.4190 OF 2021(W)

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PETITIONER:

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JIJI KURIAN, AGED 48 YEARS S/O. JOSEPH, PALLIPALRAMBIL HOUSE, PERUMBILLISSERY, CHERPU P.O, THRISSUR 680 561

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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THE REGIONAL TRANSPORT AUTHORITY PALAKKAD, REPRESENTED BY ITS SECRETARY, COLLECTORATE P.O, PALAKKAD COLLECTORATE P.O, PALAKKAD 678 001

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, COLLECTORATE P.O., PALAKKAD 678001

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OTHER PRESENT:

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SR.GP BIMAL K.NATH

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GOVT.PLEADER SRI.BIMAL K.NATH

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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:

W.P.(C) No.4190/2021

JUDGMENT

Dated this the 1st day of March 2021

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Petitioner is the holder of regular permit in an inter district route which was valid up to 13/1/2021. Application for renewal was submitted on 29/1/2021 along with an application for condonation of delay. According to the petitioner, though identical matters were included in the RTA meeting held on 11/2/2020, the application submitted by the petitioner was not included.

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Responding the above, learned senior government pleader submitted that, since it is an inter district route, report was called from the RTA, Thrissur and the instruction is awaited. Hence, the matter could not be boarded in the meeting held on 11/2/2020. The learned counsel for the petitioner vehemently contended that the case at hand being one for renewal of permit, concurrence was not required. It was controverted by the learned senior Government pleader. I am not inclined to go into that aspect of the matter, since the report has already been called for.

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Having considered the above, I am inclined to dispose of the writ petition by directing the 2^nd respondent to expedite the process of getting the report from the RTA, Thrissur and to place it before the next meeting of the RTA . RTA shall pass appropriate orders within a period of six weeks

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W.P.(C) No.4190/2021

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from the date of receipt of copy of this Judgment . If the above meeting is not likely to be convened due to any reason beyond the control of the first respondent, the first respondent shall pass appropriate orders on Ext.P3 and subject to the result of it, on Ext.P2 by invoking the procedure under section 130 of the Kerala Motor Vehicles Rules, as expeditiously as possible, at any rate, within the above period of six weeks on the basis of the materials available on record.

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The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

dpk

W.P.(C) No.4190/2021

APPENDIX

PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE REGULAR PEERMIT ISSUED TO THE PETITIONER DATED 22-05-2019 EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATIONM FILED BEFORE THE RESPONDENTS DATED 29-01-2021 EXHIBIT P3 TRUE COPY OF THE DELAY PETITION DATED 2901-2021

Jiji Kurian v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Jiji Kurian v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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