AYOOB v. THE SECRETARY

SRI.SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.4760 of 2024 2 JUDGMENT Dated this the 15th day of February, 2024 The petitioner was the holder of a Regular Stage Carriage Permit on the route Pulvetta-Kakkara-Kerala Estate. The vehicle bearing registration No.KL-11S-1662 was deployed for service under this Regular Permit.

#2. The petitioner states that he submitted an application for renewal of Regular Permit, which was granted as per Ext.P2. As the vehicle used was in a dilapidated condition, the petitioner purchased a Carriage vehicle bearing registration No.KL-10V-9513 as is evidenced by Ext.P3. The petitioner submitted Ext.P4 application for replacement of the vehicle.

#3. The petitioner states that the 1st respondent- Secretary, Regional Transport Authority has not taken any steps to issue renewed Regular Permit. Ext.P5 request before WP(C) No.4760 of 2024 3 the Chairman, Regional Transport Authority is pending. The Chairman of the Regional Transport Authority has directed the Secretary to the Regional Transport Authority to enquire and report the matter. The petitioner has also submitted Ext.P6 request for issuance of renewed Regular Permit in respect of vehicle bearing No.KL-10V-9513. The petitioner therefore prays that the 1st respondent be directed to consider and dispose of Ext.P4 application for replacement and Ext.P6 request for issuing renewed Regular Permit in respect of Stage Carriage bearing registration No.KL-10V-9513

#4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

#5. Ext.P4 is an application submitted by the petitioner for replacement of vehicle invoking Rules 174 and 179 of the Kerala Motor Vehicles Rules, 1989. As Ext.P4 is a statutory application, it would be only appropriate that the competent WP(C) No.4760 of 2024 4 authority consider the same in accordance with law expeditiously, as the application is seen made on 29.11.2023. In the facts of the case, the writ petition is disposed of directing the 1st respondent-Secretary, Regional Transport Authority to consider Ext.P4 application submitted by the petitioner and if found necessary, place it in the next RTA Board meeting. A decision in this regard shall be taken, as expeditiously as possible and at any rate, within a period of two months. After obtaining sanction for replacement of the vehicle, the respondents shall also consider Ext.P6 application for issuance of renewed Permit in accordance with law. Sd/- N.NAGARESH JUDGE WP(C) No.4760 of 2024 5 APPENDIX OF WP(C) 4760/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO. P. ST. 10/614/2001 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER'S STAGE CARRIAGE KL-11-S-1662 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 14.07.2023 VIDE SUPPLEMENTARY ITEM NO. 5 TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF PETITIONER'S STAGE CARRIAGE KL-10-V-9513 TRUE PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 29.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT TRUE PHOTOCOPY OF THE REQUEST DATED 09.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM TRUE PHOTOCOPY OF THE REQUEST DATED 20.01.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT