High Court of KeralaWP(C)/41/2015disposed of

T.J.Raju v. The Secretary, Regional Transport Authority, Ernakulam

2015-01-054 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936 WP(C).No. 41 of 2015 (E) ------------------------- PETITIONER :

-------------------- T.J. RAJU THOTTAMKARA, SOUTH PARAVOOR THRIPUNITHURA, ERNAKULAM DT.

BY ADV. SRI. P. DEEPAK RESPONDENT :

----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM - 682 030.

BY SR. GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 41 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE TEMPORARY PERMIT VALID TILL 31-1-2015. EXT.P2 COPY OF THE JUDGMENT DATED 22.9.2014 IN WPC NO. 24477 OF 2014.

EXT.P3 COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 16.12.2014.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn

K. Vinod Chandran, J.

-------------------------------------- W.P(C) No.41 of 2015-E ------------------------------------- Dated this the 05th day of January, 2015

JUDGMENT

The Petitioner, owner of a stage carriage bearing registration No.KL-17/ 4656, applied for re-issue of temporary permit on the route Poothotta - Aluva, as per Exhibit P3. The petitioner is operating on the route in question by way of temporary permit for four months, which is valid till 31.01.2015, which was issued in the vacancy of stage carriage bearing registration No.KL-40/A 6031. The petitioner prays for re-issuance of temporary permit to the petitioner's stage carriage No.KL-17/ 4656 on the route Poothotta - Aluva in the vacant timings of stage carriage bearing No.KL-40/A 6031, after the expiry of Exhibit P1 permit issued in his favour.

2. If vacancy of stage carriage bearing registration No.KL-40/ A 6031 is still in existence and no other person has applied for a temporary permit to operate a stage carriage in that vacancy, there will be a direction to the respondent to re-issue a temporary permit of four months duration, for the continued operation of the service, within three weeks from the date of production of a

WP(C).No.41 of 2015 - 2 - copy of this judgment, by passing appropriate orders on Ext.P3. Needless to say, such issuance of temporary permit will be subject to a preferential claim, if any.

Writ petition disposed of as above.

Sd/- K. Vinod Chandran, Judge vku/ ( true copy )