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High Court of KeralaWP(C)/16341/2015disposed of

Naveen v. The Secretary

2015-06-02Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 WP(C).No. 16341 of 2015 (P) ---------------------------- PETITIONER:

------------------- NAVEEN, S/O BABY, MANJANGA HOUSE, CHUVANNAMANNU, THRISSUR.

BY ADV. SRI.P.DEEPAK RESPONDENT:

----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 002.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 16341 of 2015 (P) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1:

A TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 11.6.2015. EXHIBIT P2:

A TRUE COPY OF THE JUDGMENT DATED 23.1.2015 IN WPC NO.1962 OF 2015.

EXHIBIT P3:

A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT FILED ON 21.5.2015.

RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.16341 of 2015 -------------------------------------- Dated this the 2nd day of June, 2015.

JUDGMENT

The petitioner has approached this Court for a direction to the respondent to consider his application for reissue of temporary permit.

2.

The petitioner is operating a stage carriage bearing registration No.KL-8/V 990 between Mulayam and Kodungallur on the strength of Ext.P1 temporary permit. The petitioner alleges that Ext.P1 permit is valid for a period of four months from 12.2.2015 to 11.6.2015. As can be seen from a glance Ext.P1 permit, the same has been issued to conduct substitute service in place of a defaulted stage carriage, KL-08/F 2021. In fact, Ext.P1 permit was issued in compliance with the directions issued by this Court in W.P.(C) No.1962 of 2015. This Court directed issue of temporary permit to the petitioner provided the vacancy occasioned by the default of KL-08/F 2021 is still in existence and no other person has applied for

W.P.(C) No.16341 of 2015 -2temporary permit in the said vacancy.

Since the circumstances that prevailed at the time of issue of Ext.P1 permit still subsists, the petitioner has filed an application for reissue of temporary permit to operate in continuation of Ext.P1 permit valid till 11.6.2015.

3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of submissions and the nature of relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P3 application in the light of Ext.P2 judgment, within two weeks, if possible, before 11.6.2015, after affording the petitioner an opportunity of being heard.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.