Ajoy L.S vs Regional Transport Authority, Pathanamthitta

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“i. Issue a writ of mandamus or such other writs, order or direction, commanding the respondent authorities to consider Ext.P1 application for variation of conditions of permit on the route Chengannur – Mallappally, within a time frame as this Hon’ble Court may deem fit and proper.

ii. Issue a writ of mandamus or such other writs, order or direction directing the 2nd respondent, Secretary, Regional Transport Authority, Pathanamthitta to place Ext.P1 application for variation before the Chairman, Regional Transport Authority for circulation by considering Ext.P2 request.

iii. Other reliefs as this Honorable Court may deem fit and proper.” (sic)

The petitioner is the holder of a regular permit on the route Chengannur – Mallappally. He had applied for renewal of regular permit, replacement and variation of conditions of permit. The application for variation submitted by the petitioner was enquired by the field officer. It is also submitted by the petitioner that the Regional Transport Authoirty, which met on 23.05.2022 considered the applications submitted by the petitioner and granted the replacement as well as renewal. But no orders are passed in the application for variation, which was adjourned by decision dated 23.05.2022. The contention of the petitioner is that there is no reason by which the application for variation need be kept pending. Hence, this writ petition.

Heard the counsel for the petitioner and the Government Pleader.

The counsel for the petitioner reiterated his contentions raised in this writ petition. The Government Pleader submitted that the matter has to be considered in the RTA Meeting and it will be placed in the next RTA meeting. The counsel for the petitioner submitted that the meeting of the RTA is not being convened regularly and if it is not convened within the time schedule fixed by this Court, the same may be circulated under Rule 130 of the Kerala Motor Vehicles Rules (KMV Rules).

After hearing both sides I think this writ petition itself can be disposed of directing the 1st respondent to consider Ext.P1 application within a time frame, and if the RTA meeting is not convened during the period, the same should be circulated as per Rule 130 of the KMV Rules.

Therefore, this writ petition is disposed of in the following manner:

There will be a direction to the 1st respondent to consider Ext.P1 application for variation of conditions of permit on the route Chengannur – Mallappally in the RTA meeting, within one month from the date of receipt of a copy of this judgment, in the light of Rule 123 of the KMV Rules. If the RTA meeting is not able to schedule within one month, the same should be circulated among the members of the RTA under Rule 130 of the KMV Rules.