Disposed

T.P.Moideen v. the Regional Transport Authority

Kerala HC1 Feb 2021WP(C)/815/2021

Case brief

AI extract

What is this about?

Petitioner sought regular permit on an inter-district route stalled due to missing concurrence. Court directed RTA to consider application with received concurrences, ensure hearings, and pass orders within six weeks or invoke Section 130 KMVR rules.

What did the court decide?

Directive to RTA to consider Ext.P1 application with concurrences as Exts.P4 and P5, give hearing opportunity and pass orders within six weeks under Section 130 KMVR.

T.P.Moideen Vs the Regional Transport Authority — Kerala HC (2021) — LawSathi Research

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W.P.(C) No.815/2021

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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 FEBRUARY 2021 / 12TH MAGHA,1942

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WP(C).No.815 OF 2021(B)

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PETITIONER:

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T.P.MOIDEEN AGED 68 YEARS

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THOPPIKUDIYIL HOUSE, KOOVAPPARA P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENTS:

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1 THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY ITS SECRETARY, CIVIL STATION, IDUKKI PIN 685 601

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2 THE SECRETARY,

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REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, IDUKKI PIN 685 601

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OTHER PRESENT:

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SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.815/2021

JUDGMENT

Dated this the 1st day of February 2021

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Petitioner applied for regular permit on an inter district route, which was considered on 5/3/2018. Since the route covered two authorities, prior concurrence of the sister regional transport authorities were sought. Consideration of the above,application was adjourned subject to concurrence. According to the petitioner, sister authorities had granted prior concurrence and the application is ripe for consideration. Petitioner laments that, in spite of considerable delay, RTA meeting had not been convened .

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Learned senior Government Pleader, on instruction, submitted that it has been informed that concurrence from the RTA, Ernakulam is yet to be received.

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Having considered the entire facts, I am inclined to direct that the RTA shall take up and consider Ext.P1 application along with the concurrence received as Exts.P4 and P5 and pass appropriate orders on it in accordance with law, after giving a reasonable opportunity to all the concerned parties to be heard, as expeditiously as possible, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. In case due to any reasons beyond control of the RTA the meeting could not be convened, decision shall be

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W.P.(C) No.815/2021

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taken invoking Section 130 of the Kerala Motor Vehicles Rules and also on

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getting a report from the MVI on any written objections received.

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Writ Petition is disposed of as above.

Sd/-

dpk

SUNIL THOMAS

JUDGE

W.P.(C) No.815/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 25-09-2019 EXHIBIT P2 COPY THE PROCEEDING DATED 05-03-2020 OF THE REGIONAL TRANSPORT AUTHORITY, IDUKKI EXHIBIT P3 COPY THE JUDGMENT DATED 18-08-2020 IN WP(C0 NO. 16877 OF 2020 RENDERED BY THIS HON'BLE COURT. EXHIBIT P4 COPY OF PROCEEDINGS DATED 08-10-2020 OF THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA EXHIBIT P5 COPY THE PROCEEDING DATED 20-11-2020 OF THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM EXHIBIT P6 COPY THE JUDGMENT DATED 22-10-2020 IN W.P(C) NO. 22577 OF 2020 RENDERED BY THIS HON'BLE COURT.

T.P.Moideen v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

T.P.Moideen 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

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