High Court of KeralaWP(C)/14547/2015disposed of

Hussain P.K v. The Secretary

2015-05-15Honourable Mr. Justice Alexander Thomas5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 WP(C).No. 14547 of 2015 (P) ---------------------------- PETITIONER:

-------------- HUSSAIN P.K., S/O.MAMMED KOYA, PARAKKANDIYIL HOUSE, KUTTIKATTUR P.O KOZHIKODE DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT:

----------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA - 673 101. R BY SRI. GIKKU JACOB, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14547 of 2015 (P) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

--------------------------- P1 - PHOTOCOPY OF THE TEMPORARY PERMIT NO.P.TEM.18/313/2015 DATED 13.04.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER. P2 - PHOTOCOPY OF THE TEMPORARY PRMIT NO.P.TEM.18/346/2015 DATED 28.04.2015 ISSUED BY THE RESPONDENT TO THE PETITIONER. P3 - PHOTOCOPY OF THE APPLICATION DATED 12.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

P4 - PHOTOCOPY OF THE JUDGMENT IN WPC. NO.33926/2014 DATED 16.12.2014 RESPONDENTS' EXHIBITS: NIL ------------------------------ /True Copy/ P.A to Judge.

ALEXANDER THOMAS, J.

---------------------------------- W.P.(C) No. 14547 of 2015 (P) ---------------------------------- Dated this the 15th day of May, 2015.

JUDGMENT

The above writ petition has been filed with the following prayer:

Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to reissue 20 days substitute temporary permit to the petitioner in respect of stage carriage KL-11-AE-2268 to operate on the route Mullankunnu-Kuttyadi-Kozhikode in the place of stage carriage KL-56-K-6363 by considering Ext.P3 application in continuation of Ext.P2 within a reasonable time limit to be fixed by this Honourable Court.

2. Sri. Saju J. Vallyara, the learned counsel for the petitioner submits that he would confine his prayer only for a limited direction to the respondent, the Secretary, Regional Transport Authority, Vatakara to consider and pass orders on Ext.P3 application for temporary permit without any further delay.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

W.P.(C). No. 14547/2015 -24. In the facts and circumstances of the case and taking into account the limited prayer made at the instance of the petitioner, it is ordered that in case Ext.P3 application for temporary permit is still pending, the respondent shall take up the same for orders and pass appropriate orders in accordance with law, without any further delay, preferably within a period of one week from the date of production of a copy of this judgment. It is made clear that this direction has been issued without going into the merits of the matter and the respondent will pass orders in accordance with law untramelled by any of the observations in this judgment.

This writ petition is disposed of as above.

sd/- ALEXANDER THOMAS, JUDGE.

W.P.(C). No. 14547/2015 -3-