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Unnikrishnan vs The Regional Transport Authority on 22 December, 2010

Kerala High Court
Unnikrishnan vs The Regional Transport Authority on 22 December, 2010
       

  

  

 
 
  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

WP(C).No.37038/2010 2

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.

Sd/-

C.T.RAVIKUMAR
Judge

TKS

// True copy //

P.S. to Judge

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