← Library
High Court of KeralaWP(C)/5401/2015disposed of

Suneesh v. The Secretary

2015-02-25Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No.5401 of 2015 (A) ------------------------------------- PETITIONER:

------------------- SUNEESH,AGED 33 YEARS,S/O.SAHANAN, THITTAYIL HOUSE,PANANGAD.P.O,ERNAKULAM DISTRICT BY ADV. SRI.P.DEEPAK RESPONDENT:

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

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.5401 of 2015 (A) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1:A TRUE COPY OF THE TEMPORARY PERMIT ISSUED VALID FROM 29.8.2011 TO 17.09.2011.

EXHIBIT P2:A TRUE COPY OF THE JUDGMENT DATED 30.9.2014 IN WPC NO.25437 OF 2014.

EXHIBIT P3:TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 19.2.2015. EXHIBIT P4:A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT FILED ON 23.1.2015 WITH TREASY CHALLAN.

RESPONDENT'S EXHIBITS:

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

K.VINOD CHANDRAN, J.

========================= W.P(C) No.5401 of 2015 ============================ Dated this the 25th day of February, 2015

JUDGMENT

The petitioner is operating a temporary permit in the route Eramalloor - Kalamassery Co-Operative Medical College. The petitioner submits that the petitioner had been operating on the basis of the temporary permit and there could be no legal impediment in the continued operation. However, the learned Government Pleader submits that, there is legal impediment insofar as there is a scheme overlap. The earlier temporary permit issuance was only based on Ext.P2 judgment, which directed issuance of a temporary permit. If there is a scheme overlap, definitely, there cannot be issuance of a temporary permit. In such circumstances, the temporary permit application will be considered after hearing the K.S.R.T.C within a period of two weeks.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE vdv