High Court of KeralaWP(C)/13618/2015disposed of

Janardhanan v. Secretary, Regional Transport Authority, Kannur

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

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. 13618 of 2015 (B) ---------------------------- PETITIONER :

----------------------- JANARDHANAN, MANIKOTH HOUSE, VELIYAMBRA, P.R.NAGAR, CHAVASSERY, KANNUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR - 670 001.

BY GOVERNMENT PLEADER SMT.ROSE MICHAEL 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. 13618 of 2015 (B) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 1.4.2015 WITH CHALAN.

EXT.P2 - TRUE COPY OF THE JUDGMENT IN WPC.NO.16/2015 DATED 5.1.2015 RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.13618/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th Day of May, 2015

J U D G M E N T

The petitioner is a holder of a regular permit in respect of stage carriage No.KL-58-E-1530. The regular permit is valid till 10/01/2018. It is submitted that as the above vehicle was mechanically defective, he obtained clearance certificate in respect of it by keeping the permit under suspended animation. Thereafter, on completion of the mechanical works, he applied for temporary permit on the route VeliyambraThalassery in the place of his own service. The petitioner has approached this Court with a prayer to direct the respondent to grant and issue temporary permit to the petitioner's stage carriage No.KL-58-E1530 on the route Veliyambra-Thalassery in the place of his own service.

2. If vacancy of stage carriage bearing

W.P.(C).No.13618/2015 -:2:- registration No.KL-58-E-1530 is still in existence and no other person having better claim has applied for a temporary permit to operate a stage carriage in that vacancy, there will be a direction to the respondent to issue a temporary permit of four months duration if there is no legal impediment within one week from the date of production of a copy of this judgment by passing appropriate orders on Ext.P1. Needless to say, such issuance of temporary permit will be subject to the preferential claim if any.

The writ petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms