Disposed

Renugopalan v. the Regional Transport Authority

Kerala HC11 Jan 2023WP(C)/726/2023

Case brief

AI extract

What is this about?

Petitioner held a regular permit, surrendered it due to COVID, and applied strictly under S. 18(4) and (5) of the Motor Vehicle Act. Court directed R.T.A. to consider the application and afford a hearing expeditiously.

What did the court decide?

Directions issued to Respondent No. 1 to consider the application dated 03.01.2023 for issuance of permit and afford opportunity of hearing to petitioner.

Renugopalan Vs the Regional Transport Authority — Service and Employment | Kerala HC (2023)

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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 AMIT RAWAL

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WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944

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WP(C) NO. 726 OF 2023

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PETITIONER:

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RENUGOPALAN,
AGED 72 YEARS,
S/O ACHUTHAN, KUNNATH HOUSE,
SOUTH PARAVOOR, ERNAKULAM, PIN – 682307

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BY ADV.
NAZRIN BANU

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RESPONDENTS:

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1THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM,
REPRESENTED BY ITS SECRETARY,
REGIONAL TRANSPORT OFFICE,
ERNAKULAM, PIN – 682030

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2THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, REPRESENTED BY ITS SECRETARY,
REGIONAL TRANSPORT OFFICE, ERNAKULAM, PIN – 682030
BY ADV.
SRI.SUNIL KUMAR KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 726 OF 2023 -2-

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JUDGMENT

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Petitioner is the holder of a regular permit since 1995, lastly renewed from 21.12.2020 to 20.12.2025. However, owing to the COVID pandemic, surrendered the permit on 15.01.2022. Now, since the situation of pandemic has improved an application dated 03.01.2023 is submitted by invoking the provisions of Sections 18(4) and (5) of the Motor Vehicle Act for issuance of a new permit, but the same is stated to be pending.

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Issue notice before admission. Learned Government Pleader accepts notice and submits that the petitioner has approached this Court without even waiting for the adjudication of the application dated 03.01.2023 as the writ has been filed on 10.01.2023.

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Without expressing any opinion on merit, I

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dispose of the writ petition by issuing directions to respondent No.1 to consider the application Ext.P3 dated 03.01.2023 for issuance of the permit on the routes

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WP(C) NO. 726 OF 2023 -3-

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mentioned therein in accordance with law, by affording an opportunity of hearing to the petitioner, as

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expeditiously as possible.

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 726 OF 2023 -4-

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APPENDIX OF WP(C) 726/2023

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE REGULAR PERMIT
ISSUED TO THE PETITIONER VALID TILL
20.12.2025 DATED 24.12.2021
Exhibit P2A TRUE COPY OF THE PERMIT DEPOSIT SLIP
DATED 15.01.2022
Exhibit P3A TRUE COPY OF THE APPLICATION FOR
FRESH PERMIT FILED UNDER SECTION 80(4)
& (5) AND E FEE RECEIPT DATED
03.01.2023

Renugopalan v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Renugopalan v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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