The High Court of Kerala directed the respondent RTA to consider the petitioner's temporary permit renewal application within four days and grant a hearing before a specified date to extend validity.
*
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 AMIT RAWAL
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 18043 OF 2022
PETITIONER:
SABEENA TOMY,
AGED 42 YEARS,
W/O. TOMY MATHEW, CHITTAPPANATTU HOUSE,
MUNDAKKAYAM P.O, MUNDAKKAYAM.
BY ADV I.DINESH MENON
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, IDUKKI - 685603.
SRI.JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18043 OF 2022 -2-
JUDGMENT
The grievance of the petitioner is that for plying a vehicle bearing No.KL-33 L 3425 on the route Kumaly – Kottayam (inter district) was issued a regular stage carriage permit dated 02.04.2015. The aforementioned permit was valid from 22.05.2010 to 21.05.2015 and thereafter application for renewal of the permit was submitted but the same is not being adjudicated owing to the dispute of plying the private stage carriage permits beyond 140 k.m. The controversy with regard to plying beyond that limit had already been put to rest by this Court. In the meantime petitioner had already obtained a temporary permit valid for a period of four months, which would be expiring on 06.06.2022. For renewal of the same, application Ext.P8 dated 30.05.2022 has been submitted to the concerned RTA. The petitioner would suffer a loss in case the said application is not disposed off expeditiously before the expiry of the permit.
WP(C) NO. 18043 OF 2022 -3-
As the permit issued temporarily is to expire on 06.06.2022, I direct the respondent to consider Ext.P8 application by Monday so that the validity of the temporary permit can be extended, by affording an opportunity of hearing to the petitioner. Petitioner would appear before the RTA on 06.06.2022 at 10 a.m.
Writ petition stands disposed off.
Sd/-
AMIT RAWAL
JUDGE
vv
WP(C) NO. 18043 OF 2022 -4-
APPENDIX OF WP(C) 18043/2022
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THE TEMPORARY PERMIT8.2.2022. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE REGULAR PERMIT DATED02.04.2019. |
Exhibit P3 |
TRUE COPY OF THE NOTIFICATION DATED14.07.2009. |
Exhibit P4 |
TRUE COPY OF THE DECISION REPORTED IN2018(4) KHC 617. |
Exhibit P5 |
TRUE COPY OF ORDER GO(MS) NO. 45/2015DATED 20.08.2015. |
Exhibit P6 |
TRUE COPY OF THE GO(MS) NO.22/2020/TRANS DATED 01.07.2020. |
Exhibit P7 |
TRUE COPY OF THE JUDGMENT IN WP(C) NO.14788/2020 DATED 12.01.2022. |
Exhibit P8 |
TRUE COPY OF THE TEMPORARY PERMITAPPLICATION DATED 30.05.2022. |
Exhibit P9 |
TRUE COPY OF THE INTERIM ORDER INWP(C) NO. 5636/2022 DATED 18.02.2022. |
1 issue framed by the court
Whether the Regional Transport Authority must expeditiously consider the petitioner's renewal application to avoid loss of permit validity.
Sabeena Tomy
The Secretary, Regional Transport Authority
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court