Shyam Prasad v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14255 of 2015 (F) ---------------------------- PETITIONER:

------------------ SHYAM PRASAD, AGED 36 YEARS, S/O.VELAYUDHAN, MUNEER COTTAGE, VALAVEETALCHOUDATH P.O., PANTHEERANKAVE, KOZHIKODE DISTRICT.

BY SRI.T.SETHUMADHAVAN, SENIOR ADVOCATE.

ADV. SRI.PUSHPARAJAN KODOTH, SRI.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON.

RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673 020.

BY GOVT. PLEADER SRI.MUHAMMED SHAFI. M.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 14255 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 09.12.2014 IN WP(C).NO.31742/2014.

EXT.P2 TRUE COPY OF THE JUDGMENT DATED 11.02.2015 IN WP(C).NO.3564/2015 OF THIS HON'BLE COURT.

EXT.P3 TRUE COPY OF PROCEEDINGS OF THE MEETING OF REGIONAL TRANSPORT AUTHORITY DATED 10/03/2015.

EXT.P4 TRUE COPY OF THE COVERING LETTER DATED 23/04/2015 SENT BY PETITIONER TO THE RESPONDENT.

EXT.P5 TRUE COPY OF THE JUDGMENT IN WP(C).NO.32924/2014 DATED 09.12.2014 OF THIS HON'BLE COURT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A. MUHAMED MUSTAQUE, J.

= = = = = = = = = = = = = W.P.(C) No.14255 of 2015 = = = = = = = = = = = = = = Dated this the 12 th day of May, 2015

JUDGMENT

The petitioner, the owner of a stage carriage applied for the grant of regular permit on the route Ramanattukara-Civil Station, Medical College and Poovattuparamba via Pantheerankavu, Thondayad - Malaparamba, Arappuzha, Medical college and Poovattuparamba (only Bye Pass Service). Though the regular permit was granted, the same was not communicated to the petitioner. The contention of the petitioner is that though timing conference was scheduled on different dates, the timing conference were adjourned indefinitely. In such circumstance, the petitioner applied for temporary permit on the very same route.

2. In the above circumstance, there shall be a direction to the respondent to grant and issue temporary permit, when the regular permit is pending consideration, of four months duration, within a period of one week from the date of production of a certified copy of this judgment, by passing appropriated orders

W.P.(C) No.14255 of 2015 in the application, if there is no legal impediment. Needless to say such issuance of temporary permit shall be subject to the preferential claim, if any.

Writ petition is disposed of.

A. MUHAMED MUSTAQUE, JUDGE sj