Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WP(C).No. 2809 of 2013 (A) -------------------------- PETITIONER: ------------------- MUJEEBURAHMAN, S/O.MOIDEEN, PALASSERI HOUSE, P.O. KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU J.VALLYARA. RESPONDENT(S): ---------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505.
2. THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM, PIN-676 505. BY GOVT. PLEADER MR.RAFEEK V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. WP(C).No. 2809 of 2013 (A) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- PHOTOCOPY OF THE APPLICATION DTD 14/01/2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2:- PHOTOCOPY OF THE COVERING LETTER DTD. 14/01/2013 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P3:- PHTOCOPY OF THE PROCEEDINGS OF THE IST RESPONDENT VIDE ORDER NO. C2/9281/2013M DTD. 14/01/2013. EXT.P4:- PHOTOCOPY OF THE APPEAL MEMORANDUM IN M.V.A.A. NO. 32/2013 FILED BY THE PETITIONER BEFORE THE STATE TRANSPORT APPELLATE TRIBUNAL. EXT.P5:- PHOTOCOPY OF THE NOTIFICATION VIDE GO(P)NO. 68/92 PW & T DTD. 28/07/1992. EXT.P6:- PHOTOCOPY OF THE JUDGMENT IN M.V.A.A. NO. 453/2012 DTD. 09/01/2013 OF THE STATE TRANSPORT APPELLATE TRIBUNAL. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs. V.CHITAMBARESH,J.
= = = = = = = = = = = W.P.(C) No.2809 of 2013 = = = = = = = = = = = == = = = = Dated this the 30th day of January, 2013 JUDGMENT
The petitioner has filed M.V.A.A. No.32/2013 on the file of the State Transport Appellate Tribunal against the proceedings of the Secretary Regional Transport Authority declining fresh contract carriage permit. The petitioner who is the registered owner of an autorickshaw applied for fresh contract carriage permit to operate on all fit roads in Malappuram District with halt at Manjeri municipality. The State Transport Appellate Tribunal in similar matters (as evidenced by Ext.P6 judgment) permitted the issue of fresh contract carriage permit to an autorickshaw to operate on the roads in Malappuram district with halt at Manjeri Municipality.
2. I direct the State Transport Appellate Tribunal (which is not now sitting) to dispose of M.V.A.A No.32/2013 on its file within a period of three months from the date of receipt of a copy of this judgment. The first respondent Secretary shall provisionally issue a fresh contract carriage permit to the W.P.(C) No.2809 o”
2. petitioner to ply his autorickshaw bearing Regn. not KL-10-X- 1132 to operate on the fit roads in Malappuram District with halt at Manjeri Municipality. Such grant and issue of contract carriage permit to the autorickshaw would be provisional and subject to the outcome of M.V.A.A No.32/2013 on the file of the State Transport Appellate Tribunal. The Writ Petition (Civil) is disposed of. V.CHITAMBARESH. JUDGE smm W.P.(C) No.2809 of 2013 3