Kerala High Court
Unknown vs By Adv.Sri.I.Dinesh Menon on 5 May, 2017
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 9TH DAY OF AUGUST 2018 / 18TH SRAVANA, 1940
WP(C).No.25905 of 2018
PETITIONER
JAYESH V.,
S/O BALAN, SOUPARNIKA HOUSE,
PURAMERI P.O., VADAKARA.
BY ADV.SRI.I.DINESH MENON
RESPONDENT
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KANNUR-670 001.
BY SENIOR GOVERNMENT PLEADER : SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-08-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 25905 of 2018 (K)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN MVAA 127/16 DATED
5-5-2017.
EXHIBIT P2 TRUE COPY OF THE AGENDA IN ITEM NO.21.
EXHIBIT P3 TRUE COPY OF THE DECISION IN ITEM NO.21.
EXHIBIT P4 TRUE COPY OF THE RC BOOK OF KL-18G 5202.`
EXHIBIT P5 TRUE COPY OF THE LEASE AGREEMENT DATED
12-7-2018.
EXHIBIT P6 TRUE COPY OF THE TIMING NOTICE DATED 2-7-2018.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
bpr
ANIL K. NARENDRAN, J.
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W.P.(C) No.25905 of 2018
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Dated this the 9th day of August, 2018
JUDGMENT
The petitioner, who was an applicant for grant of regular stage carriage permit on the route Valayam-Thalassery- Thottummal via Kallachi, Nadapuram, Peringathur, Chokli, Kanjodi, Kuyyali, Kolassery, Vadikkal, who has been granted such permit vide Ext.P3 decision (item No.21) of the Regional Transport Authority, Kannur has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent, the Secretary to comply with Ext.P3 decision dated 04.06.2018 of the Regional Transport Authority, Kannur and issue the granted regular permit on the said route to stage carriage bearing registration No.KL-18/G-5202, which is a leased out vehicle, taking note of the law laid down by this Court in Anil Kumar v. R.T.A., Kollam [2010 (1) KLT 758], after settlement of timings, within a time frame as this Court may deem fit and W.P.(C) No.25905 of 2018 :-2-:
proper.
2. On 01.08.2018, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.
3. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader for the respondent.
4. The pleadings and materials on record would show that the petitioner, who was an applicant for the regular permit on the route Valayam-Thalassery- Thottummal, has been granted with such permit vide Ext.P3 decision of the Regional Transport Authority. For issuing a regular permit, the petitioner produced the current records of stage carriage bearing registration No.KL-18/G-5202 covered by Ext.P4 certificate of registration and Ext.P5 lease agreement dated 12.07.2018 executed between the petitioner and one Sajeesh, who is the registered owner of that stage carriage.
Having considered the submission made by the learned W.P.(C) No.25905 of 2018 :-3-:
counsel on both sides, this writ petition is disposed of leaving open the legal contentions raised by the petitioner, by directing the respondent to consider the issuance of the regular permit granted to the petitioner vide Ext.P3 decision (item No.21) of the Regional Transport Authority, Kannur in respect of stage carriage bearing registration No.KL-18/G- 5202 by convening a timing conference with notice to the petitioner and other enroute operators, strictly in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE bpr //TRUE COPY// P.A. TO JUDGE