High Court of KeralaWP(C)/4103/2015disposed of

Akash Dev v. The Secretary

2015-02-12Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4103 of 2015 (K) -------------------------------------- PETITIONER:

------------------- AKASH DEV, S/O.ASOKAN, KALATHIPPARAMBIL HOUSE, VALUMMEL THOPPUMPADY, KOCHI-5.

BY ADV. SRI.PRASAD CHANDRAN RESPONDENT:

--------------------- THE SECRETARY REGIONAL TRANSPORT, AUTHORITY, ERNAKULAM PIN-682030.

BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4103 of 2015 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 19/2/2015 P2:- TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE CHERANELLOOR-NETTOOR MARKET- ALUVA BEFORE THE RESPONDENT DTD 8/1/2015 P3:- TRUE COPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE APPLICATION DTD 8/1/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. Vinod Chandran, J.

==================================== W.P.(C)No.4103 of 2015 ==================================== Dated this the 12th day of February, 2015.

JUDGMENT

1. Petitioner is aggrieved with the non-issuance of temporary permit, which he has applied for. The route is said to be CheranelloorNettoor Market-Aluva. Learned Government Pleader submits that there was already an issuance and the same is a city route. It cannot be said that there would be no objectionable overlap, if it is a city route and in any event, the issuance, at the earlier point of tim,e cannot stand against a subsequent rejection, on the basis of an objectionable overlap. It is also submitted by the learned Government Pleader that, earlier, the temporary permit was granted, only because, there was an order from this Court for issuance of a temporary permit.

W.P.(C)No.4103 of 2015 -:2:-

2. In such circumstances, de hors the submission that temporary permit had already been issued earlier, the authority would have to consider the matter afresh and orders passed, within two weeks from today. Writ petition is disposed off.

K. Vinod Chandran, Judge.

sl.