High Court Kerala High Court

T.K.Rajendran vs The Regional Transport Authority on 1 November, 2010

Kerala High Court
T.K.Rajendran vs The Regional Transport Authority on 1 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33079 of 2010(H)


1. T.K.RAJENDRAN,RAJESH TRANSPORT,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

                For Petitioner  :SRI.K.V.GOPINATHAN NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :01/11/2010

 O R D E R
                          C.T.RAVIKUMAR, J.
                       ----------------------------
                       W.P.(C)No.33079 of 2010
                       ----------------------------
                      Dated 1st November, 2010

                               JUDGMENT

The petitioner is a regular permit holder operating on the

route Kumbala – Kozhikode with stage carriage bearing registration No.

KL-13/S 3663. Earlier, the petitioner has submitted an application for

renewal of permit. The petitioner has actually requested for permission

to operate the service as Super Fast Service in conformity with Rule 2

(uc) of the Kerala Motor Vehicles Rules. The said application was

rejected by the respondent. Thereupon, the petitioner preferred a

statutory appeal as MVAA.No.198 of 2010. Ext.P2 is the judgment in the

said appeal delivered by the State Transport Appellate Tribunal. The

grievance of the petitioner pertains to the inaction on the part of the

respondent to comply with the directions in Ext.P2 judgment. This writ

petition has been filed in the said circumstances with a prayer to issue a

writ of mandamus commanding the respondent to comply with Ext.P2

judgment.

2. I have heard the learned counsel for the petitioner and

also the learned Government Pleader.

WP(C).No.33079/2010 2

3. Evidently, in the appeal preferred by the petitioner against

the order passed by the respondent dated 4.6.2010, the State Transport

Appellate Tribunal while allowing the same directed the respondent to

grant renewal of permit as Super Fast Service and to call upon the

appellant to make available the specified class of vehicle to be operated

as Super Fast Service in accordance with Rule 260A of the Kerala Motor

Vehicles Rules. When such a direction has been issued by the State

Transport Appellate Tribunal, the respondent is bound to comply with the

same. There is no reason for delaying compliance with the said order

any further.

In the above circumstances, this writ petition is disposed of

with a direction to the respondent to grant renewal of permit of the

petitioner as Super Fast Service in terms of the directions issued in

Ext.P2 and also in accordance with law. This shall be done expeditiously,

at any rate within a period of two months from the date of receipt of a

copy of this judgment.

C.T.RAVIKUMAR
Judge

TKS