High Court of KeralaWP(C)/12567/2015disposed of

Shibu v. The Secretary

2015-06-12Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No. 12567 of 2015 (U) ---------------------------- PETITIONER:

---------------------- SHIBU, S/O.VARKEY, KAIPARAMPATTU HOUSE, ANGAMALY P.O., ERNAKULAM DISTRICT.

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

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, PIN-682 030 BY GOVERNMENT PLEADER SRI.T.R.RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 12567 of 2015 (U) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE ANAPPARA, PERUMBAVOOR BEFORE THE RESPONDENT DTD 7/4/2015 P2:- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PRESIDENT, MANJAPRA GRAMA PANCHAYATH BEFORE THE RESPONDENT DATED 25/5/2015 P3:- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE VICE PRESIDENT, THURAVOOR GRAMA PANCHAYATH BEFORE THE RESPONDENT. P4:- TRUE COPY OF THE REPRESENTATION SUBMITTED BY VICAR, FATHIMA MATHA CHURCH, ANAPPARA BEFORE THE RESPONDENT. RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.12567 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 12th day of June, 2015

JUDGMENT

The grievance of the petitioner is that Ext.P1 application submitted by him for temporary permit has not been disposed of by the respondent.

2. The application for renewal of permit with delay in submitting the same is pending consideration before the respondent for which, a meeting is not so far scheduled; it is alleged. Pending the same, he filed Ext.P1 application for temporary permit. The petitioner further alleges that the respondent to whom powers are delegated under Rule 133(j) of the Kerala Motor Vehicles Rules can grant permit by considering Ext.P1 application. He points out that the failure on the part of the respondent in considering Ext.P1 defeats the very purpose of submission of the application itself. Hence, this writ petition.

WP(C)12567/15 -:2:-

3. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

Considering the nature of the submission made and the relief sought for, this writ petition is disposed of directing the respondent to pass final orders on Ext.P1 application submitted by the petitioner, if it has not already been disposed of, taking into account Exts.P2 to P4 representation by the panchayats and other organisation. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment.

To facilitate early action, it shall be open to the petitioner to produce a copy of this judgment along with a copy of the writ petition before the respondent at the earliest. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj