High Court of KeralaWP(C)/1972/2015disposed of

Subair v. The Regional Transport Authority

2015-01-20Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1972 of 2015 (V) --------------------------- PETITIONER(S):

-------------------------- SUBAIR, S/O.KUNHIMOHAMMED, PAKKEECHANTEPURAKKAL HOUSE, PUTHIYAKADAPPURAM, NIRAMARUTHUR P.O., MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA.

RESPONDENT(S):

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM, PIN-676 505.

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

BY SR. GOVT. PLEADER SRI.R. RANJITH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 1972 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- EXT P1 :

PHOTOCOPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER ON 28-05-2014.

EXT P2 :

PHOTOCOPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER ON 07-01-2015 ALONG WITH PROPOSED TIMINGS.

EXT P3 :

PHOTOCOPY OF THE JUDGMENT IN WP(C).NO.32439/2014 DATED 03-12-2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 1972 of 2015 ------------------------------------------ Dated this the 20th day of January, 2015

J U D G M E N T

The petitioner has filed an application for regular permit, which is exhibited at Ext.P1 dated 28.05.2014. The petitioner seeks for issuance of a temporary permit in the route in which he has applied for a regular permit. 2.

The learned Government Pleader submits that when a regular permit application is given, necessarily an enquiry has to be conducted and the KSRTC also has to be heard, insofar as considering any objection of objectionable overlapping of scheme route. Timing conference will also have to be convened even before the issuance of a temporary permit since there would be rival operators who would object to the same on the question of clash of timings.

W.P.(C) No. 1972/2015 -23.

In such circumstance, there can be no direction to issue a temporary permit within a time frame. However, the respondent authority shall consider the issuance of a temporary permit expeditiously and in accordance with law. Writ Petition allowed. No costs.

Sd/- K.VINOD CHANDRAN, JUDGE jjj