High CourtsSingle Bench(2012) 06 KL CK 0233

Jayaprakash vs The Secretary, Regional Transport Authority Cum Regional Transport Officer, Malappuram 676 505

High Court Of Kerala · Decided on 5 June 2012

HON’BLE JUDGES
K. Surendra Mohan, J
CASE NUMBER
WP (C) . No. 6845 of 2012 (E)

AI Structured Summary

Not yet generated for this judgment

Judgment

2 paragraphs · 422 words

K.Surendra Mohan, J.—Petitioner is a stage carriage operator. As per Ext.P1 dated 24.06.2010, the petitioner was granted a fresh regular permit for the conduct of services on the route, Vengara - Kottakal via Puzhachal, Kavil Munamb bridge, Cholakkund, Pottipara, Chankuvetti, Koomankall, Ooorakam and Karathod etc. According to the petitioner, the current records of the vehicle offered by him bearing Reg. No. KL 9/K 4581 was produced on the date of Ext.P1 itself. However the permit was not issued. Therefore, later on the petitioner produced the current records of another vehicle bearing Reg. No. KL 9/L 2256, as per Exts.P2 and P3. The petitioner complains that in spite of the above, no permit has been issued so far. A counter affidavit has been filed by the respondent. According to the counter affidavit, the petitioner had not produced the current records on 24.06.2010 as alleged, nor did he produce the current records within the time stipulated by law.The vehicle bearing Reg. No. KL 9/K 4581 referred to in the Writ Petition did not belong to the petitioner. In fact the owner of the said vehicle is one E.K.Kunhimoideen Kutty, S/o.Alavi Haji, Edakkandan House, No. 2/411, Iringallor. It is the further case of the respondent that though a Timing Conference was conducted on 05.05.2011 to settle the timings of the petitioner, the petitioner did not turn up. Since the petitioner did not appear for the Timing Conference, he was directed to appear for a personal hearing. However, he had not appeared. Thereafter, after the expiry of 18 months, the petitioner has now filed this Writ Petition, it is alleged. In spite of the above, it is stated by the respondent that the petitioner''s application would be placed before the next meeting of the Regional Transport Authority.

2.

Since the assertion of the petitioner that the current records had been produced within the time limit stipulated by law is seriously disputed by the respondent, I do not want to express any opinion thereon at this stage. In view of the fact that the respondent has expressed willingness to place the application of the petitioner before the next meeting of the Regional Transport Authority, the learned counsel for the petitioner submits that this Writ Petition may be disposed of directing the same to be considered. This Writ Petition is accordingly disposed of directing the respondent to place the application submitted by the petitioner before the next meeting of the Regional Transport Authority, to consider the same in accordance with law and to take a decision thereon expeditiously.