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High Court of KeralaWP(C)/6242/2015disposed of

P.Duraiswamy v. The State Transport Authority

2015-03-13Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 6242 of 2015 (E) --------------------------- PETITIONER(S):

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1. P.DURAISWAMY, AGED 56 YEARS, S/O.PALANISWAMY, 20/520, NANDANKIZHAYA MUTHALAMADA, ANAMARI P.O., PALAKKAD.

2. S.MANI, AGED 49 YEARS S/O.K.SUPPU, 20/523, NANDANKIZHAYA MUTHALAMADA, ANAMARI P.O., PALAKKAD.

BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S):

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1. THE STATE TRANSPORT AUTHORITY, KERALA, THIRUVANANTHAPURAM- PIN- 695 001 REPRESENTED BY ITS SECRETARY.

2. THE SECRETARY, STATE TRANSPORT AUTHORITY, KERALA THIRUVANANTHAPURAM- PIN- 695 001.

BY GOVERNMENT PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6242 of 2015 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1- TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-09/J-5589.

EXT P2- TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-08/X-1788.

//True Copy// P.S. To Judge

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6242 of 2015 - - - - - - - - - - - - - - - - Dated 13th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioners are aggrieved with the non consideration of the application for transfer of permit which has to be considered as per the Motor Vehicles Act, 1988 (Kerala) by the State Transport Authority (STA). It is submitted that the term of the non-official member expired and there is no person appointed which has resulted in the delay. The learned counsel for the petitioner also submits that the remaining three could consider the matter. However, the learned Government Pleader would contend at the outset that, three persons of the STA cannot consider the matter and that in any event, one another member being the Additional Transport Commissioner also has retired. In such circumstances, Government

WP(C0.6242/15 shall take expeditious steps to re-constitute the STA.

With the above direction, the writ petition is disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//