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High Court of KeralaWP(C)/33027/2015disposed of

Palazhi Private Bus Operators Organization v. The Regional Transport Authority

2015-11-04Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 WP(C).No. 33027 of 2015 (C) PETITIONERS:

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1. PALAZHI PRIVATE BUS OPERATORS ORGANIZATION, A UNIT UNDER THE REGISTERED BUS OPERATORS ORGANIZATION PALAKKAD, PALAZHI, KOZHIKODE DISTRICT REPRESENTED BY ITS SECRETARY, M.ABDUL NAZAR.

2. SMT.C.K.ZAREENA, D/O.C.P.AHAMMED, ARAFA MANZIL, PO G.A.COLLEGE KOZHIKODE.

BY ADV. SRI.G.PRABHAKARAN RESPONDENTS:

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1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REPRESENTED BY ITS SECRETARY-673020.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER KOZHIKODE-673020.

3. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY-675505.

BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33027 of 2015 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 THE TRUE COPY OF THE JUDGMENT DATED 1.2.2002 IN O.P.1026/2002 P2 TRUE COPY OF THE DECISION OF THE RTA KOZHIKODE WITHITS NO.G1/883/02D IN ITEM NO.82 DATED P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 09.1.2015 P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 10.10.2015 RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE DCS

V. CHITAMBARESH, J W.P.(C). NO. 33027 OF 2015 ---------------------------------------- Dated this the 04th day of November, 2015

JUDGMENT

The Motor Vehicles Act cast a duty on the Regional Transport Authority either to grant or refuse a stage carriage permit. Ofcourse the number of stage carriages can be limited according to Section 71(3)(a) of the Motor Vehicles Act, 1988. Ext. P2 proceedings relied on by the petitioners were issued 13 years ago. The same cannot be the basis for considering whether fresh permits have to be granted or not.

2.

The first respondent shall bear this in mind while considering Ext. P3 representation. The same shall be done with notice to the petitioners within a period of two months.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS