K.I.Usman v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937 WP(C).No.15026 of 2015 (C) --------------------------------------- PETITIONER:

------------------- K.I.USMAN,KUNNAMKULAM HOUSE, BMC P.O.,THRIKKAKKARA,KOCHI-682021.

BY ADV.SRI.P.DEEPAK RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682030.

BY GOVT. PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15026 of 2015 (C) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT-P1: A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 13.05.2015.

EXHIBIT-P2: A TRUE COPY OF THE JUDGMENT DATED 02.05.2014 IN WPC NO.9695 OF 2014.

RESPONDENT'S EXHIBITS:

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

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.15026 of 2015 --------------------------------------------- Dated this the 22nd day of May, 2015

JUDGMENT

The petitioner, who is the registered owner of a stage carriage who has made an application to operate the vehicle between Aluva and Thevara Junction, alleges that a regular permit had been issued to a stage carriage bearing Reg.No.KL-7/AG 1472 to operate in the aforesaid route. According to him, the above stage carriage defaulted operation and in its place several other stage carriages were issued with temporary permits to conduct substitute service.

He further alleges that the route has again fallen vacant and no stage carriage is conducting service in the vacant timings of the defaulted route, viz.KL-07/AG1472. It is in this context, the petitioner has submitted an application for temporary permit for a period of four months as evident by Ext.P1.

I have heard the learned counsel for the petitioner

WPC No.15026/2015 2 and the learned Government Pleader in the matter. The learned counsel for the petitioner invited my attention to Ext.P2 judgment wherein a similar situation was considered. The learned counsel for the petitioner confined his argument to the limited prayer for consideration of his application in the light of Ext.P2 judgment. I see no harm in allowing the said prayer. Therefore, this writ petition is disposed of directing the respondent to consider the petitioner's application in the light of what has been stated in Ext.P2 judgment. Formal orders to this effect shall be issued by the respondent within a period of two weeks from the date of receipt of a copy of this judgment. To facilitate a speedy action, it shall be open to the petitioner to produce a copy of the writ petition, a copy of this judgment and a copy of Ext.P2 before the respondent at the earliest. sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE