Shaju.K.G v. Regional Transport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 2975 of 2015 (V) --------------------------- PETITIONER(S):

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1. SHAJU.K.G.,S/O.GEORGE, KUNDUKULAM HOUSE, AYYANTHOLE P.O., THRISSUR - 680 003.

2. SUNDARAN, PULINAMPARAMBIL HOUSE, AVANOOR P.O., THRISSUR.

3. SAJITH KUMAR, VELLATHERY HOUSE, CHERUR P.O., GANDHI NAGAR, THRISSUR.

4. ELDHOSE GEORGE, NELLIMATTATHIL HOUSE, POOTHOLE P.O., THRISSUR - 4.

5. JAYAPRAKSH.M, S/O.MANIAPPAN CHETTIAR,AGED 40 YEARS, MULLASSERY HOUSE, POOTHOLE P.O., THRISUR - 4.

6. PRASANTH P.M., PULIKKAL HOUSE, PUNNKUNNAM, THRISSUR - 2.

7. NITHEESH C.P., CHAKKALAPARAMBIL HOUSE, MANAKODI P.O., THRISSUR.

8. PRASHOB, THANDASSERY HOUSE, MANAKODI P.O., THRISSUR.

9. ANTO E.O., EDAKKALATHUR HOUSE, ATHANI P.O., THRISSUR.

10. SUSEELA , MANGALATH HOUSE, POOTHOLE P.O., THRISSUR-4.

11. SHOBY, VAZHAPPILLY HOUSE, POOTHOLE P.O., THRISSUR-4.

12. SUMESH K.S., KUNNATHULLY HOUSE, AYYANTHOLE P.O., THRISSUR - 3.

13. SUNIL KUMAR, ADIYOLI HOUSE, POOTHOLE P.O., THRISSUR - 4.

2/-

-2WP(C).NO.2975/2015

14. V.REGHU, VAILIPARAMBIL HOUSE, AYYANTHOLE P.O., THRISSUR.

15. UNNIKRISHNAN, PULINCHERYPANIYIL HOUSE, CHOLISSERY P.O., THRISSUR.

16. DEVASSY, MENACHERY HOUSE, PULLAZHY P.O. THRISSUR.

17. SARITHA,W/O.VINEESH, KOTTIYATTIL HOUSE, NEDUPUZHA, THRISSUR.

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

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1. REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 609, REP. BY ITS SECRETARY.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 609

3. THE REGIONAL TRANSPORT OFFICER, THRISSUR-680 609 R1 TO R3 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2975 of 2015 (V) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE PERMIT ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT.

EXT.P2:

TRUE COPY OF THE PERMIT ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT.

EXT.P3:

TRUE COPY OF THE PERMIT ISSUED TO THE 3RD PETITIONER BY THE 1ST RESPONDENT.

EXT.P4:

TRUE COPY OF THE PERMIT ISSUED TO THE 4TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P5:

TRUE COPY OF THE DRIVING LICENCE OF THE 5TH PETITIONER. EXT.P6:

TRUE COPY OF THE AADHAR CARD OF THE 6TH PETITIONER. EXT.P7:

TRUE COPY OF THE PERMIT ISSUED TO THE 7TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P8:

TRUE COPY OF THE PERMIT ISSUED TO THE 8TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P9:

TRUE COPY OF THE PERMIT ISSUED TO THE 9TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P10:

TRUE COPY OF THE AADHAR CARD OF THE 10TH PETITIONER. EXT.P11:

TRUE COPY OF THE PERMIT ISSUED TO THE 11TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P12:

TRUE COPY OF THE DRIVING LICENCE.

EXT.P13:

TRUE COPY OF THE AADHAR CARD OF THE 13TH PETITIONER. EXT.P14:

TRUE COPY OF THE DRIVING LICENCE OF THE 14TH PETITIONER. EXT.P15:

TRUE COPY OF THE PERMIT ISSUED TO THE 15TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P16:

TRUE COPY OF THE PERMIT ISSUED TO THE 16TH PETITIONER BY THE 1ST RESPONDENT.

EXT.P17:

TRUE COPYOF THE IDENTITY CARD OF THE 17TH PETITIONER. EXT.P18:

TRUE COPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MVAA 417/2011. RESPONDENT(S)' EXHIBITS:

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

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.2975 of 2015 - V ====================== Dated this the 30th day of January, 2015

J U D G M E N T

The petitioners are contract carriage permit holders plying their autorikshaws in the Thrissur District. They sought for variation of permits. The grievance of the petitioners are that the said applications are not yet considered by the respondents.

2. This Court has in Rajesh v. Secretary, Regional Transport Authority [2014(3) KLT 341] and connected reported decisions, 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 applications filed by the petitioners shall

W.P.(C) No.2975 of 2015 - V 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.