High Court of KeralaWP(C)/1325/2015disposed of

Sreenivasan K. v. Regional Transport Authority

2015-01-14Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1325 of 2015 (M) --------------------------- PETITIONER :

----------------------- SREENIVASAN K., S/O.NARAYANAN, AGED 45 YEARS, 694/6, KOYYODU HOUSE, KAKKADU ROAD, THANA POST, KANNUR DISTRICT,PIN-670 012.

BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S):

----------------------------

1. REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, KANNUR-670 001

2. KANNUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KANNUR-670 001 R1 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R2 BY SRI.ARUN ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.1325/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE CERTIFICATE OF REGISTRATION OF THE AUTORICKSHAW OF THE PETITIONER BEARING REGISTRATION NUMBER KL-13/Z-3839. P2 COPY OF THE PERMIT DATED 19/1/2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

P3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P4 COPY OF THE RECEIPT DATED 28/2/2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

P5 COPY OF THE LIST APPENDED TO THE LETTER DATED 27/7/2013 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

P6 COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 22/1/2014 P7 COPY OF THE LETTER NO.C1-26710/12 DATED 8/8/2014 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.1325 of 2015 - M ====================== Dated this the 14th day of January, 2015

J U D G M E N T

The petitioner is a contract carriage permit holder plying his autorikshaw outside the Kannur Municipality. He sought for variation of permit. The grievance of the petitioner is that the said application is not yet considered by the respondents.

2. Heard Sri. Arun Antony, leaned Counsel for the Municipality.

3. This Court has in Rajesh v. Secretary, Regional Transport Authority [2014(3) KLT 341] held that such general orders cannot be passed by the RTA and each application has to be considered individually and a reasoned order passed under Section 80(2) of The Motor Vehicles Act, 1988. In such circumstances, the application

W.P.(C) No.1325 of 2015 - M filed by the petitioner shall be considered by the respondents within a period of two months from the date of receipt of a copy of this judgment.

Writ petition disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.