Disposed

Sajamon M.V. v. the Regional Transport Authority, Kottayam

Kerala HC3 Mar 2023WP(C)/6448/2023

Case brief

AI extract

What is this about?

This is a writ petition where the petitioner, a stage contractor, seeks quashing of proceedings and direction to the Regional Transport Authority to consider his applications for renewal and variation of a regular permit after affording a hearing within one month.

What did the court decide?

The petitioner is directed to take up, consider and pass appropriate orders on Exts P2 and P3 after affording an opportunity of being heard within a period of one month.

Sajamon M.V. Vs the Regional Transport… — Public Procurement and Tenders | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RDDAY OF MARCH 2023 / 12TH PHALGUNA,1944

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WP(C) NO. 6448 OF 2023

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PETITIONER/S:

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SAJAMON M.V.
AGED 43 YEARS
S/O K.K. VARGHESE,
KUNNUMPURATH HOUSE, KOOROPPADA P.O.,
PAMPADY, KOTTAYAM DISTRICT, PIN - 686502

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BY ADV SAJU J.VALLYARA

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RESPONDENT/S:

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1THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM
REPRESENTED BY ITS SECRETARY,
CIVIL STATION, COLLECTORATE P.O.,
KOTTAYAM, PIN - 686002

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2THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
KOTTAYAM, CIVIL STATION,
COLLECTORATE P.O., KOTTAYAM, PIN - 686002

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SMT AMMINIKUTTY SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON03.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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WP(C) NO. 6448 OF 2023

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JUDGMENT

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This writ petition is filed seeking the following reliefs;

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i) issue a writ of certiorari or any other appropriate writ, direction or order, calling for the records leading to Exhibit P-5 and quash the same as illegal;

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ii) issue a writ mandamus or any other appropriate writ, direction or order, directing the 1st respondent to consider Exhibits P-2 and P-3 applications for renewal and variation of Exhibit P-1 regular permit in the light of the decision of the first respondent dated 19.02.2020 vide Item No. 1 and Exhibit P-6 proceedings.

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Sri. Saju J. Vallyara, the learned counsel appearing for the petitioner, submits that in identical circumstances, variation and renewal has granted by the 1st respondent, as is evident from Ext P6. He requests that direction be issued to the 1st respondent to finalize the proceedings, which were adjourned as per Ext. P5.

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The learned Government Pleader submits that the proceedings can be finalized within a period of one month.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:

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WP(C) NO. 6448 OF 2023

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exts.P2 and P3 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein and other affected parties, if any.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of one month from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/RAJA VIJAYARAGHAVAN V

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JUDGE

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avs

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WP(C) NO. 6448 OF 2023

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APPENDIX OF WP(C) 6448/2023

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. P.` `ST. 5/5074/2006 ISSUED TO THE PETITIONER IN RESPECT` `OF STAGE CARRIAGE KL-02-BH-7670 DATED 5.8.2019`
`Exhibit P2`	`TRUE PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF` `EXHIBIT P-1 PERMIT SUBMITTED BY THE PETITIONER` `BEFORE THE RESPONDENTS DATED 02.08.2021`
`Exhibit P3`	`TRUE PHOTOCOPY OF THE APPLICATION FOR VARIATION` `DATED 02.06.2022 SUBMITTED BY THE PETITIONER BEFORE` `THE RESPONDENTS`
`Exhibit P4`	`TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO.` `20077/2022 DATED 23.06.2022 OF THE HON'BLE HIGH` `COURT OF KERALA`
`Exhibit P5`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE FIRST` `RESPONDENT DATED 29.11.2022 VIDE ITEM NO. 47 (ORDER` `NO. J6/2572/2022/K)`
`Exhibit P6`	`TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE FIRST` `RESPONDENT VIDE ITEM NO. 14 (ORDER NO.` `J5/8033/2022/K DATED 24.05.2022`

Sajamon M.V. v. the Regional Transport Authority, Kottayam

Case brief

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Sajamon M.V. v. the Regional Transport Authority, Kottayam

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