Abdul Thahir T.P. v. The Secretary, Regional Transport Authority, Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(C).No. 1329 of 2015 (M) --------------------------- PETITIONER :

-------------------- ABDUL THAHIR T.P., THENAMPULAKKAL HOUSE EDARICODE P.O., MALAPPURAM.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM - 676 505.

BY SR. GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 1329 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE APPLICATION FOR REGULAR PERMIT WITH COVERING LETTER AND PROPOSED TIMINGS DATED 1.11.2014.

EXT.P2 COPY OF THE PROCEEDINGS DATED 12.11.2014.

EXT.P3 COPY OF THE TEMPORARY PERMIT APPLICATION 12.1.2015 WITH CHALAN.

EXT.P4 COPY OF THE JUDGMENT IN WP(C) NO. 33960/2014 DATED 16.12.2014. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.1329 of 2015 - M ====================== Dated this the 14th day of January, 2015

J U D G M E N T

The petitioner has filed an application for regular permit as per Ext.P1 dated 01.11.2014. The consideration of the application was adjourned and the petitioner has now filed an application for temporary permit by Ext.P3. 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 temporary permit application in consequence of pending regular permit application. The learned Government Pleader also points out that, the RTA

W.P.(C) No.1329 of 2015 - M 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 if decided to be granted, timings settled as expeditiously as possible. Needless to say, on settlement of timings, temporary permit shall also be issued expeditiously.

Writ petition disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.