High Court of KeralaWP(C)/17499/2015disposed of

Managing Partner, Manikandan Bus Service v. Regional Transport Authority, Thrissur

2015-06-17Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 17499 of 2015 (J) ---------------------------- PETITIONER :

---------------------- THE MANAGING PARTNER, MANIKANDAN BUS SERVICE, M.G.ROAD, THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR- 680 002.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 002.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 17499 of 2015 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE RENEWAL APPLICATION DATED 29.11.2012. EXHIBIT P2:

TRUE COPY OF THE DELAY PETITION DATED 29.11.2012. EXHIBIT P3:

TRUE COPY OF THE JUDGMENT IN WPC. NO.76/2014 DATED 2.1.2014. RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 17499 of 2015 -------------------------------------------------- Dated this the 17th day of June, 2015

J U D G M E N T

Aggrieved by the non consideration of the application submitted by the petitioner for renewal of permit, the petitioner has come up before this Court.

2. The petitioner, who is the registered owner of a stage carriage bearing Reg.No.KL-8 Z 9119, has been issued with a regular permit on the route between Govindapuram and Guruvayur via Thrissur, which was valid from 04.09.2007 to 03.09.2012. He submitted an application for renewal on 29.11.2012 belatedly along with an application for condonation of delay in submitting the renewal application. As per Section 81(2) of the Motor Vehicles Act, 1988, an application for renewal has to be submitted 15 days prior to the expiry of basic permit and there is provision to condone the delay as per Section 81

(3) of the Act. The petitioner alleges that the delay in

W.P.(C) No. 17499 of 2015 ..2..

submitting the application was due to medical reasons. The petitioner is aggrieved by the non consideration of the renewal application. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer, the writ petition is disposed of directing the respondent to consider Ext.P1 application submitted by the petitioner in the next meeting, at any rate, within a period of one month from today.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-