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High Court of KeralaWP(C)/13238/2015disposed of

Vijay Kumar v. The Secretary

2015-05-29Honourable 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 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 13238 of 2015 (D) ----------------------------------------- PETITIONER(S) :

-------------------------- VIJAY KUMAR, S/O.DAMODARAN, VINAYAKA SADAN, TRIKANDIYOOR P.O., TIRUR, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S) :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM , PIN-676 505.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 13238 of 2015 (D) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: PHOTOCOPY OF THE JUDGMENT IN W.P.(C).NO.32424/2014 DATED 03/12/2014.

EXHIBIT P2: PHOTOCOPY OF THE TEMPORARY PERMIT NO.P.TEM.10/2784/2014 DATED 01/01/2015 ISSUED BY THE RESPONDENT TO THE PETITIONER.

EXHIBIT P3: PHOTOCOPY OF THE APPLICATION DATED 23/04/2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P4: PHOTOCOPY OF THE JUDGMENT IN W.P.(C).NO.33926/2014 DATED 16.12.2014.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 13238 of 2015 -------------------------------------------------- Dated this the 29th day of May, 2015

J U D G M E N T

The limited prayer in this writ petition is for a direction to the respondent to consider and pass appropriate orders on Ext.P3, which was submitted by the petitioner for reissue of temporary permit.

2.

The petitioner is the registered owner of a stage carriage bearing Reg.No.KL-11-AA-5023. The RTA, Malappuram has granted a regular permit in respect of stage carriage bearing No.KL-10-M-9149 to operate on the route, Tirur - Purathoor - Parappanangadi. The petitioner alleges that as the permit holder has submitted an application for renewal of regular permit and the same is pending consideration and the said bus is not operating service on the above route, the petitioner has applied for 4 months substitute temporary permit in the vacancy of stage carriage bearing Reg. No.KL-10-M-9149. As per Ext.P1 judgment, this Court has directed the respondent to issue 4

W.P.(C) No. 13238 of 2015 ..2..

months temporary permit as per Ext.P2. The petitioner further alleges that before the expiry of Ext.P2, he has submitted Ext.P3 application for reissue of temporary permit. Alleging inaction on the part of the respondent in considering Ext.P3, the petitioner has come up before this Court.

3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P3 taking into consideration GO (P) No.3/2014 dated 22.01.2014, within a period of one month from the date of receipt of a copy of this judgment. To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-