High Court of KeralaWP(C)/1072/2015disposed of

Mujeeb v. The Secretary

2015-01-13Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No.1072 of 2015 (H) ---------------------------------- PETITIONER:

------------------- MUJEEB,S/OMOHAMMED,THALAPPATHOOR HOUSE, KANNAMANGALAM WEST P.O,MALAPPURAM DISTRICT, PIN-676305,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, P.RASHEED,AGED 41,S/O.MOHAMMED,PICHAN,PUZHAMUDI P.O, WAYANAD,PIN-673121.

BY ADV. SRI.M.JITHESH MENON RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,PIN-676505.

BY GOVT. PLEADER SRI.R.RANJITH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.1072/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE RELEVANT PAGE OF THEAGENDA FOR THE MEETING OF THE REGIONAL TRANSPORT AUTHORITY,MALAPPURAM HELD ON 18.9.2014 IN ITEM 14.

EXT.P2:TRUE COPY OF THE DECISION TAKEN IN ITEM 14 FOR THE MEETING DATED 18.9.2014.

EXT.P3:TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-10/N.343 REPLACED BY KL-10/T.2743.

EXT.P4:TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-10/K.1976 REPLACED BY KL-10.V.7264.

EXT.P5:TRUE COPY OF THE ORDER OF THE REGIONAL TRANSPORT AUTHORITY,MALAPPURAM DATED 12.11.2014.

EXT.P6:TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE KL-7/AK.7766.

EXT.P7:TRUE COPY OF THE LETTER SUBMITTED BYTHE PETITIONER DATED 7.1.2015.

RESPONDENT'S EXHIBIT'S:

NIL //TRUE COPY// P.S. TO JUDGE pk

K.Vinod Chandran, J.

-------------------------------------- W.P.(C).No.1072 of 2015-H --------------------------------------- Dated this the 13th day of January, 2015

JUDGMENT

The petitioner is aggrieved with the non-issuance of the regular permit granted, as per Exhibit P5. The petitioner seeks expeditious issuance of the regular permit, since the regular permit application itself was pending for long. Exhibit P1 is the agenda for the meeting dated 18.09.2014, in which the Regional Transport Authority, Malappuram adjourned the consideration of the regular permit application seeking road fitness certificate from the concerned authorities, which is evidenced by Exhibit P2. The petitioner contends that, in the meanwhile several other stage carriages were granted permits in routes which would even encompass the route in which the petitioner sought for a permit. The petitioner further points out that, by Exhibits P3 and P4, two regular services have been granted and issued permits, covering a major portion of the route in question, which would belie the contention against fitness of the road. Eventually the petitioner was granted a permit, by Exhibit P5, on 12.11.2014, the issuance of which is pending settlement of timings.

WP(C).1072 of 2015 - 2 -

2. In the circumstances noticed above, it is only proper that the Secretary, RTA settle the timings and issue the permit expeditiously, after displaying the notice, of the conference scheduled, in the notice board, especially in the context of the petitioner having produced a vehicle and its current records before the RTA. The settlement of timings shall be done at any rate, within a period of two months from today.

The writ petition is disposed of as above.

Sd/- K.Vinod Chandran Judge vku/- ( true copy )