Kerala High Court
P.V. Joy vs The Regional Transport Authority on 2 June, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935
WP(C).No. 11941 of 2009 (K)
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PETITIONER(S):
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P.V. JOY,
PATHIKKAL HOUSE, MAROTTICHAL.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENT(S):
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1. THE REGIONAL TRANSPORT AUTHORITY,
THRISSUR, REPRESENTED BY ITS, SECRETARY.
2. THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, THRISSUR.
3. M.J. SHIBU,
S/O. JOHN, MANAMKUZHY HOUSE, P.O. KANNARA
THRISSUR.
R, BY ADV. SRI.I.DINESH MENON
R, BY ADV. GOVERNMENT PLEADER SRI.RAFEEK.V.K.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
04-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C) NO.11941 OF 2009
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT
DATED 2.6.2008
EXT.P2 TRUE COPY OF THE PROCEEDINGS OF THE FIRST RESPONDENT
DATED 25.11.2008
EXT.P3 TRUE COPY OF THE REVISION MEMORANDUM AS MVARP.NO.32/2009
FILED BEFORE THE S.T.A.T. ERNAKULAM DATED 30.1.2009
EXT.P4 TRUE COPY OF THE S.T.A.T., ERNAKULAM IN M.V.A.R.P.NO.32 OF 2009
DATED 4.3.2009.
RESPONDENT'S EXTS:
EXT.R3(A) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.26086/2009
DATED 29.8.2008
EXT.R3(B) TRUE COPY OF THE JUDGMENT IN W.A.NO.890/2009.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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W.P.(C) No.11941 of 2009
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Dated this the 4th day of April, 2013
J U D G M E N T
The Regional Transport Authority in its meeting held on 2.6.2008 decided to grant regular permit to the third respondent to operate stage carriage service on the route Vallur
- Thrissur subject to settlement of timings. But the decision so taken by Ext.P1 proceedings was communicated to the third respondent grantee only on 19.7.2008 with a direction to produce the current records of the vehicle within 30 days.
2. The fact remains that the third respondent produced the current records of the vehicle KL-07 AJ 4218 on 13.10.2008 with a request for condonation of delay. The Regional Transport Authority has by Ext.P2 proceedings accepted the current records of the vehicle and directed the issue of the granted permit to the third respondent by the second respondent Secretary.
3. Rule 159(2) of the Kerala Motor Vehicle Rules, 1989 specify an outer limit of four months for the Regional Transport Authority to accept the current records of the vehicle W.P.(C) No.11941 of 2009 2 produced after condonation of delay. The period beyond one month and within four months is a condonable period in regard to which the Regional Transport Authority can exercise its sound discretion.
4. The third respondent in the instant case has produced the current records within three months of the date of communication of the grant and therefore the Regional Transport Authority has not erred in condoning the delay and directing the issue of the granted permit. The discretion so exercised by the Regional Transport Authority in this regard cannot be substituted by this Court in exercise of the jurisdiction under Article 226 of the Constitution of India.
5. Added to this is the fact that the challenge made by the petitioner to the grant of regular permit to the third respondent itself was turned down by Ext.R3(a) judgment in W.P. (C) No.26086 of 2008. It is extremely doubtful as to whether the petitioner can maintain the challenge against the condonation of delay in producing the current records of the vehicle pursuant to the grant of the impugned permit. Ext.R3(b) W.P.(C) No.11941 of 2009 3 judgment of the Division Bench in W.A.No.890/2009 also dissuades me from interfering with Ext.P2 proceedings of the Regional Transport Authority in the instant case.
Resultantly, the writ petition fails. The same is dismissed. No costs.
V.CHITAMBARESH, Judge.
nj.