IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2733 of 2011(N)
1. GEORGE THOMAS, ALUNKAL HOUSE,
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY,
... Respondent
For Petitioner :SRI.P.DEEPAK
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :08/02/2011
O R D E R
P.N. RAVINDRAN, J.
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W.P.(C) No.2733 OF 2011
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Dated this the 8th day of February, 2011
J U D G M E N T
The petitioner is a stage carriage operator operating a
stage carriage on the route Perumbavoor-Kalady Plantation via Kalady
and Majapra on the strength of Ext.P1 regular permit. The said permit
was initially valid till 12.1.2010 and was later renewed from 13.1.2010
to 12.1.2015. After the permit was renewed, the petitioner moved the
respondent for variation of the permit by curtailment of the route. By
Ext.P2 order passed on 16.9.2009, the respondent rejected the said
application on the ground that the curtailment sought is by 32.1
kilometers. Aggrieved thereby, the petitioner filed an appeal before
the State Transport Appellate Tribunal. By Ext.P4 order passed on
6.11.2010, the appeal was rejected in view of section 80(3) of the
Motor Vehicles Act, 1988, which stipulates that the distance covered
by variation shall not exceed 24 kilometers. Exts.P2 and P4 have
attained finality. The petitioner thereafter submitted Ext.P5
application dated 15.1.2011 for curtailment of another section of route
having a length of 18.5 kilometers. It is stated that the said
application is pending before the respondent. In this writ petition, the
petitioner seeks expeditious disposal of Ext.P5 application.
W.P.(C) No.2733 of 2011
2
2. When the writ petition came up for hearing on
27.1.2011, the learned Government Pleader was directed to ascertain
and submit whether Ext.P5 application is in accordance with section
80(3) of the Motor Vehicles Act. Today, when the writ petition came
up for admission-hearing, the learned Government Pleader on
instructions submitted that the respondent has called for a report
from the Regional Transport Officer, Aluva, within whose jurisdiction
the petitioner is operating the stage carriage and that as soon as the
report is received from the said officer, the respondent will take a final
decision on Ext.P5 application.
In the light of the said submission, I dispose of the writ
petition with a direction to the respondent to consider and pass orders
on Ext.P5 application expeditiously and in any event within one month
from the date on which the Regional Transport Officer, Aluva furnishes
the report. The Regional Transport Officer, Aluva shall furnish the
report called for by the Regional Transport Authority, Ernakulam,
within two weeks from the date on which the petitioner produces a
copy of this judgment before him.
P.N. RAVINDRAN,
JUDGE.
nj.
