P.K.Vijayan vs The Regional Transport Authority on 17 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4401 of 2010(A)


1. P.K.VIJAYAN, PUTHENKANDATHIL HOUSE,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE CHAIRMAN, REGIONAL TRANSPORT

                For Petitioner  :SRI.P.DEEPAK

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :17/02/2010

 O R D E R
                         K. SURENDRA MOHAN, J.
                ------------------------------------------------------------
                         W.P(C) NO: 4401 OF 2010
                -----------------------------------------------------------
                 Dated this the 17th February, 2010.

                                    JUDGMENT

The petitioner was having a regular permit to operate on the

route Kottayam-Bandukka. The route is a long distance inter

district route traversing a distance of more than 500 kilometers.

The permit was valid till 11.9.2006. The petitioner had submitted

an application for renewal of the permit for a further period of five

years, under Section 81 of the Kerala Motor Vehicles Act, 1988.

However, the application for renewal submitted by the petitioner

was rejected on the ground that the length of the route exceeded

140 kilometers. The petitioner challenged the rejection order

before the State Transport Appellate Tribunal. The appeal was

allowed and the first respondent was directed to renew the permit,

to operate as a higher class of service provided the vehicle offered

by the petitioner was fit for such operation. Accordingly, the

petitioner modified his application and sought renewal of the

permit to operate the service as a ‘Super Deluxe’. However, the

application was again rejected. But, on appeal, the said order was

also set aside by Ext.P3 judgment of the State Transport Appellate

Tribunal.

WPC 4401/2010 2

2. According to the petitioner, the petitioner has purchased a

brand new stage carriage. He has also been issued with a

temporary permit to operate on the route. However, his application

for regular permit is still pending consideration of the first

respondent. Therefore, he prays for necessary directions to

consider and dispose of the same expeditiously.

3. I have heard the Govt. Pleader also. He has submitted that

the application of the petitioner will be considered in the next

meeting of the first respondent. Though there is a meeting of the

first respondent scheduled on 18.2.2010, it is submitted that it is

not possible to consider the case of the petitioner on the said date.

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

directing the first respondent to consider the application of the

petitioner for regular permit to operate on the route Kottayam-

Bandukka by placing the same before the next meeting of the first

respondent in accordance with law, 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.

                                          K. SURENDRA MOHAN
                                                    Judge
jj

WPC 4401/2010    3

WPC 4401/2010    4

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

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M.F.A.NO:

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JUDGMENT

Dated: