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High Court of KeralaWP(C)/5216/2015disposed of

K.S Ramdas v. The Secretary

2015-02-26Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No.5216 of 2015 (B) ---------------------------------- PETITIONER:

------------------- K.S RAMDAS,KANAKKATTUSSERY HOUSE, CHERAI P.O,ERNAKULAM DISTRICT.

BY ADV. SRI.P.DEEPAK RESPONDENT:

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

BY GOVT.PLEADER SRI.R.RANJITH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.5216 of 2015 (B) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT:P1-A TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 20.02.2015. EXT:P2-A TRUE COPY OF THE ROUTE ENQUIRY REPORT OF THE JOINT REGIONAL TRANSPORT OFFICER, ANKAMALY DATED 20.10.2014. EXT:P3-A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 05.02.2015.

EXT:P4-A TRUE COPY OF THE JUDGMENT DATED 17.09.2014 IN WPC NO.23940 OF 2014.

RESPONDENT'S EXHIBITS:

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

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 5216 of 2015 - - - - - - - - - - - - - - - - Dated 26th February, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner seeks re-issuance of a permit which was valid upto 20.02.2015. The petitioner contends that, a report was called for and Ext.P2 route enquiry report evidences that there is no overlap of a notified Scheme and that there is a temporary need on the route in question.

2. The learned Government Pleader, however, submits otherwise, on instructions. It is submitted that in a route length of 28 Kms, there is an objectionable overlap of 13 Kms.

3. On the disputes raised, definitely the Secretary RTA would have to consider the question of overlap, after hearing the KSRTC. In such circumstances, consideration shall be made

WP(C).5216/15 in accordance with law and after hearing the KSRTC, at any rate, within a period of two weeks from today.

Writ petition disposed of.

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