Kerala High Court

WP(C)/35849/2019 of V. BHASKARAN Vs THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, on 31 December 2019

2019 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.35849 OF 2019(E) PETITIONER/S: V. BHASKARAN AGED 51 YEARS S/O. E. NARAYANAN NAIR, KOLOT HOUSE, KOLATHUR, BEDADUKA G.P., KASARGOD. BY ADV.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941WP(C).No.35849 OF 2019(E)

PETITIONER/S:

V. BHASKARANAGED 51 YEARSBEDADUKA G.P., KASARGOD.

S/O. E. NARAYANAN NAIR, KOLOT HOUSE, KOLATHUR, BY ADV. SRI.PRASAD CHANDRAN

RESPONDENT/S:

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL

STATION KASARGOD 671 121.

SMT. MABLE C. KURIAN – GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31st day of December 2019

This writ petition is filed, inter alia, seeking a directionto the respondent to accept Ext P2 application forrenewal of the permit on the route Kannadithode -Kasargod in respect of the stage carriage KL-11/S3033.

2. The petitioner has averred that he is theholder of regular permit to operate service on theabove route on the strength of Ext P1, which is validtill 10.1.2020.

The petitioner has averred that he is the

3. The petitioner has further averred that he has submitted Ext P2 application for renewal of Ext P1permit, for a further period of five years.

4. The petitioner has also averred that the vehicle No.KL-13/J 3186, in whose favour Ext P1

permit is granted, is not fit to operate due to frequentmechanical defects. Therefore, the petitioner has submitted Ext P3 application for replacement of theabove vehicle with vehicle No.KL-11/S 3033.

5. According to the petitioner, Exts P2 and P3are statutory applications, and that the respondent isbound to consider the same within a time frame.However, the petitioner apprehends that theapplications may not be considered on or before10.1.2020.

6. Heard Sri.Prasad Chandran, the learnedcounsel for the petitioner and the learned GovernmentPleader for the respondent.

Heard Sri.Prasad Chandran, the learned

7. Having regard to the fact that Exts P2 and P3

applications have been submitted by the petitioner on10.12.2019 in respect of renewal and substitution ofExt P1 permit, which is to expire on 10.1.2020, I deemit just and appropriate to direct the respondent toconsider Exts P1 and P2 applications as expeditiouslyas possible, at any rate on or before 7.1.2020, afteraffording the petitioner and other affected partiesoperating in the route covered by Ext P1, an

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opportunity of being heard, if felt necessary by therespondent.

This writ petition is ordered accordingly.

SKS/31.12.2019

Sd/-

C.S.DIAS

JUDGE

WP(C) 35849 OF 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

TRUE COPY OF THE REGULAR PERMIT ISSUED

TO THE PETITIONER ON THE ROUTE KANNADITHODE- KASARGOD VALID TILL 10.01.2020.

EXHIBIT P2

TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT FILED BY THE PETITIONER DATED 20.12.2019.

EXHIBIT P3

TRUE COPY OF THE REPLACEMENT APPLICATION SUBMITTED BY THE PETITIONERDATED 20.12.2019.

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