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Mrs.Sudha Sasikumar

High Court Of Kerala|27 October, 2014
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JUDGMENT / ORDER

The petitioner was aggrieved with the rejection of his application for renewal of a permit, which originally was in the route Palakkad - Guruvayoor. But, however, the petitioner was forced to confine the operation in the district of Palakkad for the reason of no concurrence, of the sister R.T.A. Thrissur, having been obtained. The petitioner operated in the confined route for five years, then filed an application for renewal of permit. This was declined by the R.T.A. on the ground that in the original permit concurrence of the sister R.T.A. was not obtained. The petitioner challenged the rejection before the S.T.A.T., which allowed the claim of the petitioner by Ext.P1 and directed the principal R.T.A. at Palakkad to reconsider the issue after obtaining concurrence from the sister R.T.A. at Thrissur.
W.P.(C) No. 27953/2014 -2-
After Ext.P1 order, Ext.P2 was arrived at by the State Transport Authority on 27.05.2014 by which concurrence from sister R.T.A., in inter-district routes where the distance within the jurisdiction of the sister R.T.A. was below 20 Kms, was waived granting general concurrence in the case of such operations.
2. In the present case it is submitted by the petitioner that the route within Thrissur district is less than 20 Kms, more specifically 18.6 Kms. In such circumstances, necessarily the R.T.A would have to consider the renewal of the regular application. Principal R.T.A. would have to consider the renewal of the regular application, even without concurrence of the sister RTA, since Ext.P2 speaks of general concurrence in such routes. In any event, the only question agitated herein is with respect to the grant of a temporary permit. If the distance coming within the jurisdiction of the Thrissur RTA is less than 20 Kms, as W.P.(C) No. 27953/2014 -3-
submitted by the learned counsel for the petitioner, there should no difficulty in processing the temporary permit application, which shall be done, at any rate, within two weeks from today and the permit issued as sought for, if no other legal impediment is found.
Sd/- K.VINOD CHANDRAN, JUDGE jjj
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Title

Mrs.Sudha Sasikumar

Court

High Court Of Kerala

JudgmentDate
27 October, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri