IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 16^TH DAY OF AUGUST 2024 / 25TH SRAVANA, 1946 WP(C) NO. 28674 OF 2024 PETITIONER:

MATHEW VARGHESE, AGED 40 YEARS S/O VARGHESE T.MATHEW, MULLASSERIL HOUSE, ANICAD P.O., MALLAPPILLY, PATHANAMTHITTA, PIN - 689585 BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, PARAYIL BUILDING, COLLEGE ROAD, MAKAMKUNNU PO, PATHANAMTHITTA , REPRESENTED BY ITS SECRETARY, PIN - 689645

2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, PARAYIL BUILDING, COLLEGE ROAD, MAKAMKUNNU PO, PATHANAMTHITTA, PIN - 689645

3 THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, COLLECTORATE PO, KOTTAYAM , REPRESENTED BY ITS SECRETARY., PIN - 686002 SRI. SREEJITH V.S.-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J ..................................................

W.P.(C)No.28674 OF 2024 .......................................……….

Dated this the 16^th day of August, 2024

JUDGMENT

The present writ petition has been filed for the following prayers:

“i. Issue a writ of Certiorari or other appropriate writs, directions or orders calling for the records leading to Exhibit P-2 and quash the same;

ii. Issue a writ of Mandamus or other appropriate writs, directions or orders directing the 1st respondent to grant the regular permit as applied for by the petitioner in Exhibit P-1 subject to counter signature from the 3rd respondent forthwith; iii. Declare that the adjournment of application for regular permit seeking concurrence from the 1st respondent without considering the request of the petitioner to grant the permit subject to counter signature amounts to arbitrary exercise of powers;

iv. Render such other orders as are deemed fit and proper in the circumstances of the case.”

2. The petitioner has applied for grant of a regular permit to operate a stage carriage on the route Pathanadu- Ranni (Via) Edayappara, Mannooppurayidam, Poonikkavu, Mundolikkadavu, Kottangal, Chunkappara, Perumpetty, Kariyamplavu, Valakodikkavu, Chettimukku, Mamukku. Out of the total distance of 26 Kms, 17.5 Kms lies within Pathanamthitta District and 8.5 Kms is within Kottayam District. The Regional Transport Authority, Pathanamthitta District considered the application of the petitioner and adjourned for decision, saying that concurrence report from the Secretary, Regional Transport Authority, Kottayam District for the portion of the route under their jurisdiction and Road Fitness Certificate from the concerned authority for the virgin portion i.e.700 meter betweeen Anakallu and Mundolikadavu bridge are required. 3. The learned counsel for the petitioner submits that the petitioner will obtain the Road Fitness Certificate and submit before the 2^nd respondent, Secretary, Regional Transport Authority, Pathanamthitta and he may be issued Regular Permit, if he is otherwise eligible, subject to the counter signature by the Regional Transport Authority, Kottayam District.

Considering the said submissions of the learned counsel for the petitioner, the present writ petition is disposed of with a direction to the petitioner to submit the Road Fitness Certificate for the virgin portion i.e. 700 meter between Anakallu and Mundolikadavu bridge and subject to such Fitness Certificate, the 1^st respondent, Regional Transport Authority, Pathanamthitta District shall consider the application of the petitioner within a period of one month and take a decision as expeditiously as possible. If the permit is granted that would be subject to the counter signature by the 3^rd respondent, the Regional Transport Authority, Kottayam District.

Sd/-

DINESH KUMAR SINGH JUDGE ACR APPENDIX OF WP(C) 28674/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10-05-2024 Exhibit P2 TRUE COPY OF THE DECI