Disposed

Shibu.B., v. the Secretary, Regional Transport Authority

Kerala HC14 Feb 2022WP(C)/3997/2022

Case brief

AI extract

What is this about?

A stage carriage operator sought suspension of a pending permit renewal application and issuance of a permitless certificate for dismantling a vehicle. The High Court directed the authority to consider the application and pass appropriate orders.

What did the court decide?

Directed the authority to consider the Ext P3 application and pass appropriate orders taking note of RTA v. Abdul Salam.

Shibu.B., Vs the Secretary, Regional Transport Authority — Service and Employment | Kerala HC (2022)

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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 SATHISH NINAN

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MONDAY, THE 14^TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943

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WP(C) NO. 3997 OF 2022

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PETITIONER:

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SHIBU.B.,S/O.BADRUDEEN, SHAJI COTTAGE, PAYACODE, OYOOR P.O., KOLLAM, PIN-691 510, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER GIREESH G.KRISHNAN, S/OGOPALAKRISHNA KURUP, RAMAKRISHNA VIHAR, KALLUVATHUKKAL P.O., KOLLAM DISTRICT, PIN-691 578.

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BY ADV O.D.SIVADAS

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KOLLAM-691 013.

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SRI. BIMAL. K. NATH SR.G.P

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.3997 of 2022

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JUDGMENT

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The petitioner is a stage carriage operator.

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Permit issued in respect of stage carriage bearing Registration No. KL 02/T 3600 expired on 07.10.2021. The petitioner has submitted an application (Ext P2) seeking renewal of permit. The application is pending consideration. In the meanwhile, the petitioner intends to dismantle the vehicle. The petitioner has filed Ext P3 application before the

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RTA to keep the application for renewal of the permit in suspended animation and to issue permitless certificate in respect of the vehicle.

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In Regional Transport Authority v Abdul Salam (2016(3) KLT 87) a Division Bench of this Court has held that unless the permit is surrendered, the permit holder cannot seek for clearance. Be that as it may, it is for the authority to consider and pass appropriate orders on the application.

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Accordingly, the Writ Petition is disposed of

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directing the authority to consider and pass

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WP(C) NO.3997 of 2022

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appropriate orders on Ext P3 application taking due

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note of the judgment in Regional Transport Authority

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v Abdul Salam (2016(3) KLT 87) cited supra.

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Sd/- Sathish Ninan, Judge

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vdv

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WP(C) NO.3997 of 2022

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APPENDIX OF WP(C) 3997/2022

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PETITIONER EXHIBITS

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Exhibit P1 COPY OF THE RELEVANT PORTION OF THE RC BOOK OF STAGE CARRIAGE NO.KL 2/T 3600. Exhibit P2 COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 24.09.2021. Exhibit P3 COPY OF THE APPLICATION DATED 02.02.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. Exhibit P4 COPY OF THE JUDGMENT IN WPC NO.1837 OF 2017 DATED 15.02.2017 RENDERED BY THIS HON'BLE COURT. Exhibit P5 COPY OF THE JUDGMENT IN WPC NO.31243 OF 2018 DATED 01.10.2018 RENDERED BY THIS HON'BLE COURT.

Shibu.B., v. the Secretary, Regional Transport Authority

Case brief

What is this about?

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Shibu.B., v. the Secretary, Regional Transport Authority

Case brief

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