Kerala High Court
WP(C)/42939/2022 of K.J. MATHEW Vs REGIONAL TRANSPORT AUTHORITY on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42939 OF 2022 PETITIONER: K.J. MATHEW AGED 62 YEARS SO JOHN, AKASALAYIL HOUSE, KUMARANALLUR P.O., KOTTAYAM-686016. BY ADV I.DINESH MENON RESPONDENTS: 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42939 OF 2022
PETITIONER:
K.J. MATHEWAGED 62 YEARSSO JOHN, AKASALAYIL HOUSE, KUMARANALLUR P.O., KOTTAYAM-686016.
BY ADV I.DINESH MENON
RESPONDENTS:
1REGIONAL TRANSPORT AUTHORITY IDUKKI, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., IDUKKI - 685603. REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., IDUKKI - 685603.
2THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, IDUKKI, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., IDUKKI – 685603.REGIONAL TRANSPORT AUTHORITY, IDUKKI, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., IDUKKI – 685603.
BY SMT.ANIMA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
N. NAGARESH, J.
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W.P.(C) No.42939 of 2022
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Dated this the 30[th] day of December, 2022
J U D G M E N T~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is a regular permit holder on the route Baisonvalley-Kottayam in respect of stage carriagebearing registration No.KL-67A-3846. The basic permit wasvalid till 29.07.2013. The petitioner preferred application forrenewal belatedly. Since the renewal was not beingconsidered, the petitioner obtained clearance in respect ofthe basic vehicle. Thereafter, the petitioner preferredapplication for replacement and application for temporarypermit also, for continued operation. The applications weresubmitted as early as on 04.06.2022 but no orders arepassed on the same till date. The limited prayer in this writpetition is for consideration of the above applications within a : 3 :
time frame.
2. Heard the learned counsel for the petitioner and the learned Government Pleader representing therespondents.
3. Exts.P2 and P3 are applications filed by the petitioner for renewal of permit and replacement of vehicle.Ext.P4 is an application for Temporary Permit. Exts.P2 to P4being applications of statutory nature having the support ofthe Motor Vehicles Act and the Rules made thereunder,those applications will have to be considered by thecompetent authority within a reasonable time.
The writ petition is therefore disposed of directing the 2[nd] respondent to consider and dispose of Ext.P4application within a period of four weeks. There will be afurther direction to the 1[st] respondent to consider and passorders on Exts.P2 and P3 applications within a period of sixweeks.
aks/04.01.2023
Sd/-
N. NAGARESH, JUDGE
APPENDIX OF WP(C) 42939/2022
PETITIONER'S EXHIBITS
EXHIBIT P1TRUE COPY OF THE PERMIT ON THE ROUTEBAISONVALLEY-KOTTAYAM DATED 3.12.2022.EXHIBIT P2TRUE COPY OF THE APPLICATION FORRENEWAL DATED 4.6.2022 WITH COVERINGLETTER.
EXHIBIT P3TRUE COPY OF THE APPLICATION FORREPLACEMENT DATED 4.6.2022.EXHIBIT P4TRUE COPY OF THE APPLICATION FORTEMPORARY PERMIT DATED 4.6.2022.