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High Court of KeralaWP(C)/9958/2015dismissed

Baiju.A v. Teh Secretary, Regional Transport Authority

2015-04-01Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 9958 of 2015 (T) --------------------------- PETITIONER :

----------------- BAIJU.A., AGED 51 YEARS, ANANDA BHAVAN, KILIKOLLOOR, KOLLAM.

BY ADV. SRI.STALIN PETER DAVIS RESPONDENTS :

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

1. TEH SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM.

2. THE DISTRICT TRANSPORT OFFICER, STATE TRANSPORT CORPORATION, KOLLAM.

R1 BY GOVERNMENT PLEADER SRI. R. RANJITH R2 BY ADV. SRI.P.C.CHACKO, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 9958 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - A TRUE COPY OF THE PROCEEDINGS NOT ISSUING SUBSTITUTE TEMPORARY PERMIT IN DEFAULTED VANCANCY DT.28-1-15 RESPONDENT(S)' EXHIBITS :

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.9958 of 2015 - T ====================== Dated this the 1st day of April, 2015

J U D G M E N T

The petitioner is aggrieved with Ext.P1 order of the Regional Transport Authority, Kollam, rejecting an application for grant of a temporary permit, which the petitioner applied for allegedly in an existing vacancy. The RTA having considered the objections of the K.S.R.T.C found that, the authority is not in a position to issue the temporary permit.

2. The learned Counsel for the petitioner submits that, it does not amount to a rejection. That is merely the understanding of the petitioner. If the authority says that it is not in a position to issue a temporary permit that is deemed to be a rejection. In any event, the K.S.R.T.C submits before Court that, in the route, in which the petitioner seeks operation, there is an objectionable overlap

W.P.(C) No.9958 of 2015 - T of notified scheme route.

In such circumstance, the writ petition cannot be entertained and the same is dismissed.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge