Managing Director vs Regional Transport Authority

The petitioner who is the holder of Ext.P1 regular permit on the route Kottayam - Thookupalam in respect of stage carriage bearing registration No.KL-33/L-5776 has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to consider Ext.P10 request dated 21.04.2019 to retain the existing time schedule, as per Ext.P6 proceedings dated 29.05.2012, at the time when Ext.P3 application for variation and Ext.P4 application for renewal are processed, as regards Ext.P1 regular permit on the route Kottayam - Thookupalam in respect of stage carriage No.KL-33/L-5776. The petitioner has also sought for a writ of mandamus commanding the respondent Secretary, Regional Transport Authority, Idukki to place Ext.P10 request for retaining the existing time schedule dated 29.05.2012 in the RTA meeting scheduled to be held on 31.05.2019, as regards the permit on the route Kottayam - Thookupalam in respect of stage carriage bearing registration No.KL-33/L-5776.

Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

The learned Senior Government Pleader would submit that if Ext.P3 application dated 09.05.2019 made by the petitioner for variation of Ext.P1 regular permit and Ext.P4 application dated 05.12.2014 for renewal of that permit are included in the meeting of the 1st respondent Regional Transport Authority scheduled on 31.05.2019, the said authority shall also consider Ext.P10 request made by the petitioner, in that meeting, in case the same has already been received and pending consideration.

Having considered the submission made by the learned counsel for on both sides, this writ petition is disposed of with the following directions;

If Ext.P10 request made by the petitioner for retaining the existing time schedule as per Ext.P6 proceedings dated 29.05.2012, in respect of Ext.P1 regular permit on the route Kottayam - Thookupalam, covered by stage carriage bearing registration No.KL-33/L-5776, is received and pending consideration, the 1st respondent Regional Transport Authority shall consider the same along with Ext.P3 application for variation of permit and Ext.P4 application for renewal of permit, if consideration of Exts.P3 and P4 applications are included in the agenda of the meeting of the 1st respondent Regional Transport Authority scheduled on 31.05.2019.

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE KOTTAYAM-THOOKUPALAM.

EXHIBIT P2 TRUE COPY OF GO(MS) NO 45/2015/TRANS DATED 20-08-2015.

EXHIBIT P3 TRUE COPY OF THE VARIATION APPLICATION DATED 09-05-2019.

EXHIBIT P4 TRUE COPY OF THE RENEWAL APPLICATION DATED 5-12-2014

EXHIBIT P5 TRUE COPY OF THE TEMPORARY PERMIT DATED 14-5-2019

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS DATED 29- 05-2012.

EXHIBIT P7 TRUE COPY OF THE STA DECISION DATED 21-4-2018

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS DATED 23-11-2017.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 12- 4-2019.

EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 21-04-2019.

RESPONDENT'S EXHIBITS: