High Court Kerala High Court

M.C.Shamsudheen vs The Regional Transport Authority on 24 March, 2010

Kerala High Court
M.C.Shamsudheen vs The Regional Transport Authority on 24 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9857 of 2010(F)


1. M.C.SHAMSUDHEEN, AGED 32,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY,

                For Petitioner  :SRI.P.GOPALAKRISHNA MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :24/03/2010

 O R D E R
                 K.SURENDRA MOHAN, J.
              -------------------------------------------
                  W.P.(C) No.9857 of 2010
              -------------------------------------------
         Dated this the 24th day of March, 2010

                           JUDGMENT

The petitioner is a stage carriage operator. He was

earlier conducting services on the route Anchangadi-

Kunnamkulam – Guruvayur – Chavakkad, which was

surrendered. Subsequently, he applied for the issue of a

regular permit over the very same route in the very same

vacancy by offering a vehicle bearing Reg.No.KL-8/S 1221.

However, the said application was rejected by the first

respondent on the ground that there was overlapping on

the notified route. The petitioner challenged the same

before the State Transport Appellate Tribunal in MVAA

No.247/2007. The appeal was allowed and the matter was

directed to be re-considered on condition that the

petitioner submits a modified application, avoiding the

overlapping, within a month therefrom. Accordingly, the

petitioner submitted Ext.P2 request for modification.

However, no orders have been passed thereon till date.

2. While so, the Government has come out with the

final notification dated 14.7.2009 which permits

wpc No.9857/2010 2

overlapping on the notified route to an extent of 5% of the

route or 5 kms. whichever is less. According to the

petitioner, in the light of the above provision in the final

notification, it is not necessary to modify his earlier

proposal. Therefore, he has submitted Ext.P3

representation. The petitioner seeks appropriate

directions for the consideration of Ext.P3 also while

considering his application for the issue of regular permit.

The learned Senior Government Pleader has no objection

to such a direction being issued.

3. In the above circumstances, this Writ Petition is

disposed of directing the first respondent to consider the

request of the petitioner contained in Ext.P3 also while

considering his request for the issue of a regular permit in

the light of Ext.P2. Since the application of the petitioner

has been pending since 2007, the matter shall be

considered and appropriate orders passed, expeditiously

and at any rate within a period of two months from the

date of receipt of a copy of this judgment.

K.SURENDRA MOHAN,
JUDGE

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