Smt.N S Seema v. The Regional Transport Authority Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 WP(C).No.14670 of 2015 (G) ---------------------------------------- PETITIONER:

------------------- SMT.N.S.SEEMA,W/O.LATE M.R.VINOD, SYAMALALAYAM,EZHUPUNNA P.O, CHERTHALA,ALAPPUZHA.

BY ADV.SRI.G.PRABHAKARAN RESPONDENT'S:

------------------------ 1.

THE REGIONAL TRANSPORT AUTHORITY,ERNAKULAM, REPRESENTED BY ITS SECRETARY-682030.

2.

THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682030.

BY GOVT. PLEADER SMT.SUNITHA VINOD.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.14670 of 2015 (G) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE PROCEEDINGS OF THE RTA ERNAKULAM DATED 20.12.2010 IN ITEM NO.60.

EXT.P2:TRUE COPY OF THE RENEWAL OF PERMIT APPLICATION DATED 31.3.2015.

EXT.P3:TRUE COPY OF THE CHELAN RECEIPT DATED 31.3.2015. EXT.P4:TRUE COPY OF THE EXISTING TEMPORARY PERMIT DATED 8.5.2015. EXT.P5:TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 14.5.2015 ON THE ROUTE AROOKUTTY-CHITTOOR FERRY WITH KL 17A 6056.

EXT.P6:TRUE COPY OF THE CHELAN RECEIPT DATED 14.5.2015. RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk WP(C).No.14670 of 2015 (G) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE PROCEEDINGS OF THE RTA ERNAKULAM DATED 20.12.2010 IN ITEM NO.60 EXHIBIT P2: TRUE COPY OF THE RENEWAL OF PERMIT APPLICATION DATED 31.3.2015.

EXHIBIT P3: TRUE COPY OF THE CHELAN RECEIPT DATED 31.3.2015. EXHIBIT P4: TRUE COPY OF THE EXISTING TEMPORARY PERMIT DATE 8.5.2015. EXHIBIT P5: TRUE COPYH OF THE TEMPORARY PERMIT APPLICATION DATED 14.5.2015 ON THE ROUTE AROOKUTTY-CHITTOOR FERRY WITH JL 17/A 6056. EXHIBIT P6: TRUE COPY OF THE CHELAN RECEIPT DATED 14.5.2015. RESPONDENT'S EXHIBITS:

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A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.14670 OF 2015 ----------------------------------- Dated this the 19th day of May, 2015

J U D G M E N T

The petitioner is the owner of a stage carriage bearing registration No.KL- 17/A 6056. He had applied for a temporary permit on the route Arookutty - Chittoor Ferry in the vacancy created by the stage carriage that was regularly operating on the said route. The grievance of the petitioner in the writ petition is that although the petitioner had preferred an application for grant of temporary permit, the same has not been considered by the respondents.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader appearing for the respondents.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with the following directions:

(i) If there is a vacancy of stage carriage in the route Arookutty - Chittoor Ferry, and no other person has applied for a temporary permit in that vacancy, the respondents shall consider the application of the petitioner for the grant of temporary permit and issue a temporary permit of four months duration within one week from

W.P.(C).NO.14670 OF 2015 (A) the date of production of a certified copy of the judgment, by passing orders on the application preferred by the petitioner.

(ii) It is made clear that the issuance of temporary permit as above will be subject to the preferential claim, if any, of other persons. A.K.JAYASANKARAN NAMBIAR JUDGE mns