Anishkumar v. The Secretary, Regional Transport Authority, Ernakulam

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.5573 of 2015 (V) -------------------------------------- PETITIONER:

------------------- ANISHKUMAR,KALLADA HOUSE,KARALAM, THANISSERY P.O.,IRINJALAKUDA.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT:

---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, ERNAKULAM,PIN - 682 030.

BY SENIOR 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.5573 of 2015 (V) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1:TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER ON THE ROUTE MALA - MANJAPRA VALID UP TO 12/02/2015. EXT.P2:TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE MALA - MANJAPRA BEFORE THE RESPONDENT DATED 16/02/2015.

RESPONDENT'S EXHIBITS:

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

K.VINOD CHANDRAN, J.

========================= W.P(C) No.5573 of 2015 ============================ Dated this the 25th day of February, 2015

JUDGMENT

The petitioner seeks for consideration of the temporary permit application, which he has applied for in the route Mala - Manjapra. The petitioner admittedly was issued with such temporary permit for 20 days and he is before this Court seeking re-issuance.

2. The learned Government Pleader, on instructions, submits that there was a regular permit, in the default of which the petitioner was granted the temporary permit. The regular permit holder had applied for renewal and the same is pending. In the meanwhile, the regular permit holder applied for four month's temporary permit, which was granted, but, however, for non-production of current records of the vehicle, the same was never issued. It is in that vacancy that the petitioner has applied. Since the route is an

W.P(C) No.5573/2015 inter-district route, temporary permit if at all can be granted only for 20 days, that too subject to the preferential claim by the regular permit holder.

In such circumstances, this Court does not find any difficulty in considering the temporary permit application and it is also made clear that the re-issuance also can be considered at appropriate time, if the petitioner makes such an application subject to the above conditions. The present application will be considered, at any rate, within a period of one week and the temporary permit issued expeditiously, if there is no legal impediment.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE vdv