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High Court of KeralaWP(C)/47/2015disposed of

Shibu v. The Secretary, Regional Transport Authority, Kollam

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.47 of 2015 (E) ---------------------------------- PETITIONER:

------------------- SHIBU,AKKOOR VEEDU,SAKTHIKULANGARA,KOLLAM.

BY ADV. SRI.O.D.SIVADAS RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KOLLAM - 691 001 BY SENIOR 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:

pk

W.P(C) NO.47/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 17.1.2015.

EXT.P2:TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 12.12.2014.

RESPONDENT'S EXHIBITS:

NIL.

//TRUE COPY// P.S.TO JUDGE pk

K. Vinod Chandran, J.

-------------------------------------- W.P(C) No.47 of 2015-E ------------------------------------- Dated this the 05th day of January, 2015

JUDGMENT

The Petitioner, owner of a stage carriage bearing registration No.KL-02/W 39, applied for re-issue of temporary permit on the route Chavara - Elampalloor, as per Exhibit P2. The petitioner is operating on the route in question by way of temporary permit for four months, which is valid till 17.01.2015, which was issued in the vacancy of stage carriage bearing registration No.KL-08/U 8713. The petitioner prays for re-issuance of temporary permit to the petitioner's stage carriage No.KL-02/W 39 on the route Chava - Elampalloor in the vacant timings of stage carriage bearing No.KL-08/U 8713, after the expiry of Exhibit P1 permit issued in his favour.

2. If vacancy of stage carriage bearing registration No.KL-08/ U 8713 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 ten days from the date of production of a copy of

WP(C).No.47 of 2015 - 2 - this judgment, by passing appropriate orders on Ext.P2. 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 )