High Court of KeralaWP(C)/15897/2015disposed of

Abdusamad v. The Secretary

2015-06-05Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 15897 of 2015 (J) ---------------------------- PETITIONER(S):

-------------------------- ABDUSAMAD, KALLIKOODATHIL HOUSE, KOTTAKKAVAYAL POST, PADANILAM, KUNNAMANGALAM, KOZHIKODE.

BY ADV. SRI.STALIN PETER DAVIS.

RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE - 673 001.

BY GOVT. PLEADER SMT.K.A. SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 15897 of 2015 (J) APPENDIX PETITIONERS' EXHIBITS:

EXT.P-1:

A TRUE COPY OF THE PROCEEDINGS GRANTING REGULAR PERMIT TO THE PETITIONER ON 10.03.2015.

EXT.P-2:

A TRUE COPY OF THE SIMILAR JUDGEMENT IN WP.(C) NO. 12935/2015 DATED 24.04.2015.

RESPONDENTS' EXHIBITS:

NIL.

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

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.15897 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 5th day of June, 2015

JUDGMENT

The petitioner has approached this Court for a direction to the respondent to issue regular permit with proposed timings and to settle the timings, if any clash arises.

2. Petitioner applied for the regular permit in the interest of the travelling public and as a part of self employment and livelihood. According to the petitioner, as per Rule 131 of the Kerala Motor Vehicles Rules, 1989, all decisions of the Regional Transport Authority shall be given effect to by the Secretary expeditiously. The petitioner alleges that he holds the vehicle bearing no.KL-57/3060 . He further alleges that the timing conference was not fixed.

3. The grievance of the petitioner is that he could not run the service due to the non-implementation of Ext.P1. He alleges that he had paid the tax and his vehicle is kept idle and the same is causing

WP(C)15897/15 -:2:- heavy loss and hardship to the public. The petitioner further alleges that the route passes through the ill served areas.

4. Arguments have been heard.

Considering the nature of the relief sought for and the submissions made by the learned counsel for the petitioner, this writ petition is disposed of directing the respondent to settle the timings of the petitioner within a period of one month from the date of receipt of a copy this judgment.

To facilitate early action, it shall be open to the petitioner to produce a copy of this judgment as well as copy of the writ petition before the respondent at the earliest. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj