High Court of KeralaWP(C)/147/2015disposed of

Premjith K. v. The Secretary, Regional Transport Authority, Kozhikode

2015-01-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 147 of 2015 (P) ------------------------------------ PETITIONER(S):

---------------------- PREMJITH K., AGED 31 YEARS, THAVALAPARAMBIL HOUSE, PERUMANNA, PANTHEERANKAVU KOZHIKODE.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, PIN-673020.

BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 147 of 2015 (P) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE REGULAR PERMIT APPLICATION SUBMITTED BY THE PETITIONER DATED 24.12.2013.

P2:

COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE DATED 19.7.2014.

P3:

COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT, PERUMANNA GRAMA PANCHAYATH BEFORE THE RESPONDENT DATED 13.10.2014.

P4:

COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE NELLITHODY - PERUMANNA - MEDICAL COLLEGE BEFORE THE RESPONDENT DATED 19.12.2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 147 of 2015 - - - - - - - - - - - - - - - - Dated 6th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner has filed an application for regular permit as per Ext.P1 dated 24.12.2013. Despite the route passing through an ill served area and the Panchayat itself having requested for a service, the consideration of the application was adjourned as per Ext.P2. The petitioner has now filed an application for temporary permit by Ext.P4. The petitioner only seeks consideration of, at least the temporary permit application. Even when temporary permit applications are considered, necessarily the timings would have to be settled; otherwise there would be clash with the other rival operators operating in the area. In such circumstances, necessarily time has to be granted to the authorities to settle the timings before a grant is made especially in the case of

WP(C).147/15 temporary permit application in consequence of pending regular permit application. The learned Government Pleader also points out that, the RTA would also have to make necessary enquiries with respect to any violation as to a notified route.

2. In such circumstances, the temporary permit application shall be considered with due notice in the notice Board of the Secretary, RTA and timings settled as expeditiously as possible. Needless to say, on settlement of timings, temporary permit shall be issued expeditiously.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//