Kerala High Court
Subhash vs Regional Transport Authority
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940
WP(C).No. 12597 of 2018
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PETITIONER :
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SUBHASH,
S/O.UNNIKRISHNAN, MANDALE HOUSE, PUTHURKKARA,
AYYANTHOLE P.O., THRISSUR DISTRICT-680003.
BY ADV.SRI.T.A.SHAIN
RESPONDENTS :
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1. REGIONAL TRANSPORT AUTHORITY,
REPRESENTED BY THE SECRETARY, COLLECTORATE, AYYANTHOLE
P.O., TRICHUR-680003.
2. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO MOTOR VEHICLES
DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.
* ADDL.R3 IMPLEADED
ADDL.R3. THRISSUR CORPORATION,
REP.BY THE SECRETARY, THRISSUR-680001.
ADDL.R3 IMPLEADED AS PER ORDER DATED 25/6/18 IN I.A.NO.9902/18 IN THE
WP(C)
R1 & 2 BY SR.GOVERNMENT PLEADER SRI.K.P.HARISH
ADDL.R3 BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12597 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1- A TRUE COPY OF THE APPLICATION DATED 20/11/17
FILED BY THE APPLICANT BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2- A TRUE COPY OF THE CERTIFICATE OF REGISTRATION
OF AUTORIKSHAW BEARING REGISTRATION NUMBER
KL-08-AV 9696.
EXHIBIT P3- A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT
ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE
PETITIONER.
RESPONDENTS' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV/10/7
ANIL K.NARENDRAN, J.
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W.P.(C).No.12597 of 2018
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Dated this the 10th day of July, 2018
JUDGMENT
The petitioner, who is the registered owner of an Autorickshaw bearing registration No.KL-08/AV-9696 with a contract carriage permit in Panchayat area at Sobha City, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent to consider and pass appropriate orders on Ext.P1 application dated 20.11.2017 submitted for variation of permit conditions to change the parking place from Sobha City to Ayyanthole, within a time limit to be fixed by this Court.
2. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned Standing Counsel appearing for the 3rd respondent Corporation.
3. The learned Counsel for the petitioner would submit that, though the petitioner approached the Secretary of the 1 st respondent Regional Transport Authority with Ext.P1 application, the same was not entertained. In such circumstances the petitioner has approached this Court seeking appropriate reliefs.
4. The learned Senior Government Pleader on instructions would submit that the Secretary of the 1 st respondent Regional Transport Authority is yet to receive Ext.P1 application and that, the Secretary shall accept such application, if it is in order, and shall place it before W.P.(C)No.12597 of 2018 :-2-:
the 1st respondent Authority for consideration.
5. The learned Counsel for the petitioner would submit that the petitioner shall resubmit Ext.P1 application before the Secretary of the 1st respondent Authority and he shall also remit requisite fee, within a period of one week from the date of receipt of a certified copy of this judgment.
In such circumstances, this writ petition is disposed of with the following directions:
i. Within one week from the date of receipt of a certified copy of this judgment, the petitioner shall resubmit Ext.P1 application before the Secretary of the 1st respondent Regional Transport Authority, and remit the requisite fee. ii. If the application submitted by the petitioner is in order, the 1st respondent shall consider the same and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioner and also to the Secretary of the 3 rd respondent Corporation.
iii. Decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of six weeks thereafter.
Sd/-
ANIL K.NARENDRAN JUDGE AV/11/7