High Court Kerala High Court

A.Sreejith vs The Regional Transport Authority on 24 February, 2010

Kerala High Court
A.Sreejith vs The Regional Transport Authority on 24 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5045 of 2010(E)


1. A.SREEJITH, PUNDARAKANDY HOUSE,
                      ...  Petitioner
2. N.ABDUL RASHEED, S/O.ALAVI,

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.G.PRABHAKARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :24/02/2010

 O R D E R
                        K. SURENDRA MOHAN, J.
               ------------------------------------------------------------
                       W.P(C) NO: 5045 OF 2010
               -----------------------------------------------------------
                Dated this the 24th February, 2010.

                                   JUDGMENT

The first petitioner is a stage carriage operator conducting

service on the route Seethamount-Thrissur with stage carriage

vehicle No: KL-11/N 9329 on the strength of a regular permit. He

applied for the renewal of his permit within time. The Regional

Transport Authority, Kozhikode, which is the primary authority

sought the concurrence for renewing the permit from the Regional

Transport Authority, Wayanad as well as the Regional Transport

Authority, Malappuram. Though the concurrence has been

obtained from the concurring RTAs the complaint is that RTA,

Kozhikode has not taken a final decision on the renewal application

of the first petitioner till date. While so, the first petitioner has

submitted an application for transfer of the permit to the name of

the second petitioner. The complaint of the petitioners is that no

action has been taken on the application for transfer also.

2. The Govt. Pleader on instructions submits that orders shall

be passed on the applications of the petitioners without further

delay.

WPC 5045/2010 2

3. In the above circumstances this writ petition is disposed of

directing the respondents to consider the application for renewal as

well as the application for transfer of permit submitted by the

petitioners in accordance with law and to pass appropriate orders

thereon as expeditiously as possible and at any rate within a period

of two months from the date of receipt of a copy of this judgment.

Pending decision on the application for renewal of the regular

permit, the first petitioner has also submitted an application for the

issue of a temporary permit under Section 87(1)(d) of the Motor

Vehicles Act on which also no orders have been passed. Therefore,

there shall be a further direction to the second respondent to issue

the temporary permit within a period of two weeks.





                                           K. SURENDRA MOHAN
                                                   Judge
jj

WPC 5045/2010    3

                      K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

Dated: