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2002 DIGILAW 495 (KER)

Ajesh v. Kumar VS The Regional Transport Authority

2002-07-23

R.RAJENDRA BABU

body2002
Judgment :- The common grievance of the petitioners in these original petitions was that the RTA, Kollam was not convening the meetings and considering their applications for grant of permits. It was submitted that the last meeting had been convened on 22.1.2002 and thereafter though meetings were scheduled on two or three occasions, on all those occasions the meetings were postponed. It was submitted that in the meeting scheduled to be convened on 20.6.2002 as many as 198 items had been listed for consideration and all those matters were adjourned to 4.7.2002 and a supplementary agenda also was published for consideration on 4.7.2002. Even then the meeting was not convened on that day also and the matter had been adjourned without specifying any date. Thus a large number of applications are now pending for consideration and disposal. 2. The learned Govt. Pleader on instructions submitted that a meeting is scheduled to be convened on 8.8.2002 and it shall be held positively on that day. I treat the above submission of the learned Govt. Pleader as an undertaking. Rule 123(1) of the Kerala Motor Vehicles Rules, stipulates that the RTA "may" meet once in a month on such date as specified by the Chairman and also on such other necessary occasions as may be determined by the Chairman for the dispatch of the business. My learned brother Radhakrishnan J. had considered the meaning of the word "may" in Rule 123(1) in O.P.24494/98. After elaborate consideration it was held: "In view of the settings of the Act and Rules, and also the nature of powers and functions to be exercised and discharged by the Regional Transport Authorities of the State, I am of the view, it is imperative that Regional Transport Authorities should meet every month, unless they have no business to transact. Failure to meet every month would defeat public interest and defeat the fundamental right of the applicants to carry on business which is guaranteed under Article 19(1) (g) of the Constitution of India. 11. In the said circumstances, I am inclined to give a direction to the Regional Transport Authorities in the State to meet every month and to dispose of the applications pending before them, without any delay in the interest of general public." I respectfully agree with the above interpretation. 11. In the said circumstances, I am inclined to give a direction to the Regional Transport Authorities in the State to meet every month and to dispose of the applications pending before them, without any delay in the interest of general public." I respectfully agree with the above interpretation. Further the second part of Rule 123(1) authorising the Chairman to hold meeting on such other occasions for the dispatch of business would indicate that when there is business to be transacted, the RTA has to meet more than once in a month and thereby the business of the RTA cannot be unduly delayed. Thus a consideration of Rule 123(1) would mandate that the RTA has to meet atleast once in a month when there is business to be transacted. It is imperative and the duty of every RTA to meet once in a month when there is business to be transacted. The failure to meet every month when there was business to be transacted would defeat public interest. When as many as 198 items were scheduled for consideration on 22.6.02 and 4.7.02, the adjournment of the meeting without transacting any business for the last more than six months was unjustifiable. It was imperative and the duty of the RTA, Kollam to have met and transacted the business. Hence I am constrained to direct the RTA, Kollam to meet on 8.8.2002 and to consider and dispose of all matters scheduled for consideration. In the result all the O.Ps. are allowed. The RTA, Kollam, is directed to meet on 8.8.2002 and to consider and dispose of all the matters scheduled for consideration in accordance with law. If in any case the meeting cannot be convened on 8.8.2002, there shall be a further direction to the RTA, Kollam to dispose of all the applications for permits within one week from 8.8.2002 by invoking Rule 130 of the Kerala Motor Vehicles Rules. The original petitions are disposed of as above.