K.Janardhanan v. The Secretary,Regional Transport Authority,Palakkad 678 001

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF APRIL 2015/4TH VAISAKHA, 1937 WP(C).No.12962 of 2015 (U) --------------------------------------- PETITIONER:

------------------- K.JANARDHANAN,KUNNUMPURATH HOUSE, MARAYAMANGALAM,PALAKKAD.

BY ADV.SRI.I.DINESH MENON RESPONDENT:

---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001.

BY GOVT. PLEADER SRI.BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.12962 of 2015 (U) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:TRUE COPY OF THE JUDGMENT IN WPC NO.34193/2014 DATED 17.12.2014.

EXHIBIT P2:TRUE COPY OF TEMPORARY PERMIT DATED 27.12.2014. EXHIBIT P3:TRUE COPY OF THE APPALICATION FOR RE-ISSUE OF TEMPORARY PERMIT DATED 4.4.2015 WITH COVERING LETTER AND CHALAN. EXHIBIT P4:TRUE COPY OF THE LETTER OF MLA DATED 3.3.2015. EXHIBTI P5:TRUE COPY OF THE JUDGMENT IN WPC NO.12709/2014 DATED 20.5.2014.

RESPONDENT'S EXHIBITS:

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

ANIL K.NARENDRAN, J.

---------------------------------- W.P.(C).No.12962 of 2015 ------------------------------------ Dated this the 24th day of April, 2015

JUDGMENT

The petitioner is the registered owner of a stage carriage vehicle KL-18 3216. There was a regular permit on the route Mannarkkad-Perinthalmanna in respect of stage carriage KL-9-F6075, which was surrendered. According to the petitioner, timing in respect of that vehicle is still in existence, and hence there is need to have a service on the route in question. The petitioner has submitted Ext.P3 application for temporary permit and the said application is still pending consideration before the respondent. The grievance of the petitioner in this writ petition is non-consideration of Ext.P3 application for temporary permit, which is pending consideration before the respondent. Therefore, the petitioner seeks an appropriate order directing the respondent to consider and pass appropriate orders on the said application within the time limit that may be fixed by this Court.

2. Heard learned counsel for the petitioner and the learned Government Pleader appearing for the respondent. Considering the

W.P.(C).No.12962 of 2015 facts and circumstances of the case, this writ petition is disposed of as follows:- If the vacancy of the stage carriage bearing registration No. KL-9-F-6075 is still in existence and any other person has not applied for a temporary permit to act as a stage carriage in that vacancy, there will be a direction to the respondent to issue a temporary permit for four months' duration, within three weeks from the production of a certified copy of the judgment by passing appropriate orders on Ext.P3 application. Needless to say, reissuance of temporary permit will be subject to the preference of an affected person, if any.

ANIL K.NARENDRAN, JUDGE skj