A stage carriage operator petitioned for variation of permit. The court directed the RTA to consider the application after fee remission, within six weeks, with opportunity of hearing to KSRRTC.
Direction to First Respondent to take up Ext.P2 application with Ext.P3 in next RTA meeting after fee remission, pass order within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.879 OF 2021(H)
PETITIONER:
LAIJU JOSEPH AGED 42 YEARS S/O.PAULO JOSEPH, THOTTAKKARA, MNJAPRA P.O., MANJAPRA, ERNAKULAM DISTRICT.
BY ADV. SRI.O.D.SIVADAS
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY, PIN - 686 661.
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA, PIN- 686 661.
3 ADDL.R3 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, KERALA, PIN-695023.
IS SUO MOTU IMPLEADED AS PER ORDER DATED 21.01.2021 IN W.P.(C).
SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER SRI.P.C.CHACKO, SC K.S.R.T.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.879 OF 2021
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JUDGMENT
Dated this the 2nd day of February 2021
The petitioner is an existing stage carriage operator on the route Mulamkuzhy-Thattekkad and the permit was issued in favor of stage carriage No. KL 5/T 7587, which was valid up to 30.07.2021. The petitioner applied for variation of permit by Ext.P2 application and the report was also submitted pursuant to that application. Ext.P3 is the report of the Field Officer.
2. The grievance of the petitioner herein is that, in spite of considerable delay, the above application has not been taken up by the first respondent and the meetings are not convened, due to the existing pandemic situation.
3. When the matter was taken up, the learned Government Pleader on instructions submitted that,
the petitioner herein has not remitted the prescribed fee. However, it was submitted that, if
WP(C).No.879 OF 2021
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the fee is remitted, the application can be taken up. Notwithstanding the non remission of fee, the authority has processed the application and hence Ext.P3 was received.
Having considered the entire facts, I am inclined to dispose of the writ petition, with a direction to the first respondent to take up Ext.P2 application along with Ext.P3 after the necessary fee is remitted by the petitioner, in the next meeting of the RTA, and pass appropriate order, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment and after giving a reasonable opportunity of being heard to the K.S.R.T.C as well
as the other objectors.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.879 OF 2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE PERMIT ISSUED BY THE RESPONDENT. EXHIBIT P2 COPY OF THE APPLICATION FOR VARIATION OF PERMIT SUBMITTED BY THE PETITIONER DATED 21/09/2020 ALONG WITH THE COVERING LETTER. EXHIBIT P3 COPY OF THE ROUTE ENQUIRY REPORT DATED 24/12/2020 WITH RESPECT TO THE APPLICATION FOR VARIATION OF PERMIT.
//True Copy// P.A to Judge
1 issue framed by the court
Whether the Regional Transport Authority shall consider the petitioner's variation of permit application pending remission of the prescribed fee.
LAIJU JOSEPH
THE REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA
ADL.R3 KERALA STATE ROAD TRANSPORT CORPORATION
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
