High Court of KeralaWP(C)/10112/2015disposed of

Ajay v. The Secretary, Rta

2015-03-31Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10112 of 2015 (L) ---------------------------- PETITIONER(S):

-------------- AJAY P, AGED 35 YEARS PONNALAYAM, ERAVICHIRA WEST, SOORANADU SOUTH BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

-------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM - 691 001 BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10112 of 2015 (L) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 :

COPY OF THE TEMPORARY PERMIT ISSUED ON 1.12.2014. EXT.P2 :

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 26.3.2015.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.A TO JUDGE vdv

K.VINOD CHANDRAN, J.

========================= W.P.(C) No.10112 of 2015 ============================ Dated this the 31st day of March, 2015

JUDGMENT

The petitioner seeks re-issuance of the temporary permit in the route Eravipuram - Padanayarkulangara in the vacancy of stage carriage bearing No.KL 2 Q/2129. The petitioner has been issued with temporary permit, which expires on today. The learned Government Pleader, on instructions, submits that the vehicle which was endorsed in the permit is under G - Form and if the permit holder seeks for continuance of service in the permit, then, no temporary permit could be granted.

2. It is trite that a temporary permit in a defaulted vacancy would be subject to the preferential claim of the regular permit holder. In such circumstance, despite the fact that a temporary permit has been issued, if the regular permit holder seeks resumption of service, then, the temporary permit holder would have to suspend the

W.P.(c) No.10112/2015 operation on the basis of the temporary permit. Hence, the application at Ext.P2 shall be considered and the temporary permit issued, if there is no other legal impediment within a period of one week from today.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN, JUDGE vdv