Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 WP(C) NO. 27065 OF 2021 PETITIONER: RAJESH KUMAR S/O. BHASKARAN, PANTHALATT HOUSE, OLLUKKARA P. O., KUNNUKARA, THRISSUR DISTRICT. BY ADVS. I.DINESH MENON L.RAJESH NARAYAN RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY, THRISSUR REGIONAL TRANSPORT OFFICE, AYYANTHOLE P. O., THRISSUR - 680003. 2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR REGIONAL TRANSPORT OFFICE, AYYANTHOLE P. O., THRISSUR - 680003. SMT.K.AMMINIKUTTY .SR.G.P.. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 30th day of November, 2021. The petitioner has impugned Ext.P11, based on various contentions and assertions; primary of them being that it has been issued without hearing him.
2. Sri.I.Dinesh Menon - learned counsel for the
petitioner, vehemently submitted that Ext.P11 is incompetent because it has been issued in violation of the settled declarations of this Court that the same could have been issued only after hearing his client.
3. Smt.K.Amminikutty - learned Senior Government Pleader, submitted that if the petitioner is impugning Ext.P11 solely because it was issued without hearing him, then the Secretory, Regional Transport, Thrissur, can reconsider the same, after affording him such an opportunity. Taking note of the afore submissions, I allow this
writ petition and set aside Ext.P11; with a consequential direction to the 2nd respondent to take up the application of the petitioner for temporary permit and dispose of it of afresh, after affording him an opportunity of being heard; thus culminating in an appropriate order thereon, as expeditiously as is possible but not later than one week from the date of receipt of a copy of this judgment.
In order to obtain an expeditious compliance of the directions afore, I direct the petitioner to mark appearance before the 2nd respondent at 11:00 AM on 03.12.2021; on which day, the said Authority will either hear him or fix another convenient date for hearing and complete proceedings within the afore time frame. Needless to say, a fresh decision will be taken by the 2nd respondent in terms of the afore directions, without being influenced or by trammeled by the contents of Ext.P11.
Sd/- DEVAN RAMACHANDRAN JUDGE Raj/30.11.2021. APPENDIX OF WP(C) 27065/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 10.07.2018. Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT DATED 16.07.2009. Exhibit P3 TRUE COPY OF THE TEMPORARY PERMIT DATED 04.12.2015. Exhibit P4 TRUE COPY OF THE TEMPORARY PERMIT DATED 19.02.2016. Exhibit P5 TRUE COPY OF THE PROCEEDINGS DATED 21.01.2020. Exhibit P6 TRUE COPY OF THE ORDER IN MP NO.539/2020 MVAA NO.126/2020 DATED 25.09.2020. Exhibit P7 TRUE COPY OF THE TEMPORARY PERMIT DATED 22.03.2021. Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.9799/2021 DATED 07.05.2021. Exhibit P9 TRUE COPY OF THE ORDER IN M.P.NO.608/2021 IN MP NO.941/2017 IN MVAA NO.126/2020. Exhibit P10 TRUE COPY OF THE NOTIFICATION DATED 14.07.2009. Exhibit P11 TRUE COPY OF THE PROCEEDINGS REJECTING TEMPORARY PERMIT DATED 20.10.2021. Exhibit P12 TRUE COPY OF REPORTED DECISION 1996 KHC 358.