IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 37038 of 2010(D) 1. UNNIKRISHNAN,AGED 50,S/O.PRABHAKARAN ... Petitioner Vs 1. THE REGIONAL TRANSPORT AUTHORITY, ... Respondent 2. THE SECRETARY,REGIONAL TRANSPORT For Petitioner :SRI.P.GOPALAKRISHNA MENON For Respondent : No Appearance The Hon'ble MR. Justice C.T.RAVIKUMAR Dated :22/12/2010 O R D E R C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37038 of 2010 ---------------------------- Dated 22nd December, 2010 JUDGMENT
The petitioner is an existing stage carriage operator on the
route Thiruvilwamala – Thrissur with stage carriage bearing registration
No.KL-48/2223. Ext.P2 application has been submitted by the petitioner
for variation of the permit conditions. Ext.P4 is the receipt dated
26.11.2010 produced to show the submission of the said application
before the first respondent. The apprehension of the petitioner is that
though a Regional Transport Authority meeting is schedule to be held in
the third week of December, 2010 Ext.P2 application may not be taken
for consideration. It is with the above apprehension that this writ
petition has been filed.
The contention of the petitioner is that Ext.P2 application has
been submitted before the first respondent. It is also submitted that a
Regional Transport Authority meeting is scheduled to be held in the third
week of December, 2010. When such an application carrying a request
is submitted before the first respondent who is competent to consider the
same, it is the bounden duty of the first respondent to consider the same
in accordance with law. Therefore, there will be a direction to the first
respondent to consider and pass orders on Ext.P2 application in
accordance with law, in the next RTA meeting, in case Ext.P2 is received
and pending consideration before the first respondent.
The writ petition is disposed of accordingly.
// True copy //
P.S. to Judge