Petitioner, a bus operator, filed a writ petition seeking direction to the Transport Authority to expeditiously dispose of his pending application for permit variation, which remained unacted upon despite submission.
Direction to the 1st respondent to consider the Ext.P2 application and pass appropriate orders within two months.
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 ZIYAD RAHMAN A.A.
WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945
WP(C) NO. 11445 OF 2023
PETITIONER:
ABDUL RAFEEQUE C.K
AGED 54 YEARS
S/O MUHAMMED C.K, KUDUKKIL HOUSE, ANDIYOOR KUNNU,
VALIYAPARAMBA P.O PULIKKAL, MALAPPURAM, PIN – 673637
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1REGIONAL TRANSPORT AUTHORITY
MALAPPURAM CIVIL STATION RD, UP HILL,
MALAPPURAM, PIN – 676505
2THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,
CIVIL STATION RD, UP HILL, MALAPPURAM, PIN – 676505
BY ADV
ADV AMMINIKUTTY K – G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 11445 OF 2023
JUDGMENT
The petitioner is the holder of regular permit and he is operating on the route Kozhikode- Palakkad with his stage carriage bearing Reg.No.KL-09-AQ-9771. The aforesaid permit is valid till 23.01.2026. The petitioner submitted Ext.P2 application for variation of his permit. The grievance of the petitioner is that, even though the same was submitted on 04.02.2023, the same has not been disposed of till now. This writ petition is submitted in such circumstances seeking for a direction to the 1st respondent to consider and pass appropriate orders thereon.
After considering all the relevant aspects, I deem it appropriate to dispose of this writ petition with the following directions: It is ordered that, the 1st respondent shall take up Ext.P2 application which was submitted along with Ext.P3 covering letter and pass appropriate orders thereon in accordance with law, as expeditiously as possible a, at any rate within a period two months from the date of production of copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 11445 OF 2023
3
APPENDIX OF WP(C) 11445/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE SAID REGULAR PERMIT OF
THE PETITIONER VALID TILL 23.1.2026 DATED
7.12.2022
Exhibit P2TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER DATED 4.2.2023
Exhibit P3TRUE COPY OF THE COVERING LETTER
SUBMITTED ALONG WITH EXHIBIT.P2 DATED
4.2.2023
1 issue framed by the court
Whether the Regional Transport Authority must consider and pass orders on the petitioner's application for variation of his regular permit within a specified period.
1 provisions across 1 enactments
ABDUL RAFEEQUE C.K
THE REGIONAL TRANSPORT AUTHORITY
THE SECRETARY REGIONAL TRANSPORT AUTHORITY
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court