Sudheer.A.G. vs. State Of Kerala - Kerala High Court, 24 April 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNE AY, THE 24TH DAY OF APRIL 2019 / 4TH VAISAKHA, 1941 WP(C).No. 8352 of 2019 PETITIONER: SUDHEER.A.G. AGED 39 YEARS S/O.C.N.GOPALAKRISHNAN NAIR, 13/287, NEW MUNNAR DIVISION, SEVEN MALAI ESTATE, MUNNAR-685612. BY ADVS. SRI.N.K.KARNIS SMT.DRISHYA K.PRAKASH RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM-695514. 3 JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PYNAVU.P.O., IDUKKI DISTRICT, PIN-685603. SR.GP.SRI.BIMAL K. NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.ASHA, J. -------------------------- W.P(C) No.8352 of 2019-T ------------------------------------------- Dated this the 24th day of April, 2019 JUDGMENT The petitioner, who has submitted Ext.P2 application under Ext.P1 scheme for licence under the Rent A Motor Cycle Scheme as early as on 07.12.2013, is aggrieved by the inordinate delay in processing the application and finalising the same. The petitioner points out that the reports called for by the respondents are in his favour. It is also pointed out that he has already got GST registration and taken a room on rent for the purpose of starting the business. It is also pointed out that even after Ext.P8 order issued by the Government instructing the 2nd respondent that the applications submitted before 15.2.2019 are to be considered, no action is taken by the 2nd respondent to grant him licence.

The learned Government Pleader on instructions submits that the petitioner's application would be finalised in the next meeting of the State Transport Authority (STA). In the above circumstances, there shall be a direction to respondents 2 and 3 to see that the matter is placed before the State Transport Authority in the next meeting and to pass orders, without any further delay, at any rate within a period of two months. The Writ Petition is disposed of with the above directions. (P.V.ASHA, JUDGE) rtr/

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF RENT A MOTOR CYCLE SCHEME PUBLISHED BY THE GOVERNMENT OF INDIA. EXHIBIT P2OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT DATED 7.12.2013. EXHIBIT P3OF THE REPLY ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.3.2016. EXHIBIT P4OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE GST REGISTRATION DATED 12.9.2017. EXHIBIT P5OF THE RENT AGREEMENT EXECUTED BY THE PETITIONER DATED 9.10.2017. EXHIBIT P6OF THE COMMUNICATION RECEIVED FROM THE OFFICE OF THE SECRETARY OF THE STATE TRANSPORT AUTHORITY DATED 10.8.2017. EXHIBIT P7OF THE LETTER GIVEN BY THE 2ND RESPONDENT DATED 27.6.2018. EXHIBIT P8OF THE TYPED COPY OF THE INSTRUCTIONS ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 19.2.2019.