High Court of KeralaWP(C)/14698/2015disposed of

P.Nandanan v. Secretary, Regional Transport Authority, Palakkad

2015-05-19Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

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. 14698 of 2015 (J) ---------------------------- PETITIONER :

----------------------- P.NANDANAN, S/O.ACHUTHAN, PULLANIKKATTIL HOUSE, KOZHIKKOTTIRI, PATAMBI, PALAKKAD DISTRICT.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001 BY GOVERNMENT 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:

sts

WP(C).No. 14698 of 2015 (J) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 12-2-2015 EXHBITI P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.26795/2014 DATED 15-10-14 EXHBITI P3 TRUE COPY OF THE TEMPORARY PERMIT DATED 16-1-2015 EXHBITI P4 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 12-5-2015 WITH COVERING LETTER.

EXHBITI P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.7327/2014 DATED 14-3-2014 RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.14698 OF 2015 (J) ----------------------------------- 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- 10 S 6905. He had applied for a temporary permit on the route Pallippuram - Pallippuram 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 respondent.

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

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 Pallippuram - Pallippuram, and no other person has applied for a temporary permit in that vacancy, the respondent shall consider the application of the petitioner for the grant of

W.P.(C).NO.14698 OF 2015 (J) temporary permit and issue a temporary permit of four months duration within one week from 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