Prasannakumari v. Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13601 of 2015 (A) ---------------------------- PETITIONER :

----------------------- PRASANNAKUMARI, W/O.UNNIKRISHNAN, ANUGRAH HOUSE, SANAKARAMANGALAM P.O., PATTAMBI.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

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

BY GOVERNMENT PLEADER SRI.P.FAZIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 13601 of 2015 (A) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1 :

TRUE COPY OF THE JUDGMENT IN MVARP NO.221/2014 DATED 28-2-2015.

EXT P2 :

TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 28-4-2015.

EXT P3 :

COPY OF THE JUDGMENT IN WPC.NO.76/2014 DATED 2-1-2014. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.13601/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th Day of May, 2015

J U D G M E N T

Petitioner was a regular permit holder in the route Valanchery - Pallippuram and admittedly his regular permit expired on 7.2.2014. It is also not disputed that he did not file application for renewal within the time stipulated, i.e., 15 days before the expiry of the permit. However, now petitioner has preferred an application for renewal of permit along with an application for condonation of delay which is permissible under Section 81 of the Kerala Motor Vehicles Act, 1988. The present grievance of the petitioner is that in the meanwhile he had applied for temporary permit which the authority is refusing to consider on the ground that the regular permit has expired and there is no application filed within the period stipulated for renewal of the permit.

2. However, going by the binding decision of a Division Bench of this Court in W.P(C) No.10484 of 2011 dated 23.6.2011

W.P.(C).No.13601/2015 -:2:- the authority is to consider the application for temporary permit, treating the vacancy in regular permit which has expired as a temporary need. If the same is received in the office of the respondent in original, Ext.P2 shall be considered within a period of two weeks from today.

The writ petition is disposed of as above. No costs. Sd/- A.MUHAMED MUSTAQUE, JUDGE ms