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High Court of KeralaWP(C)/17695/2015disposed of

Siyas S.R v. The Secretary, Regional Transport Authority

2015-06-12Honourable 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 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No. 17695 of 2015 (J) --------------------------------------- PETITIONER(S):

---------------------- SIYAS S.R, AGED 30 YEARS, S/O.SIYAD, S.R MANZIL, CHULLALAM, KOONANVENGA P.O, PANAVOOR.

BY ADV. SRI.G.HARIHARAN RESPONDENT(S):

------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM (RURAL) AT ATTINGAL 695 308. BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 17695 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 5/06/2015 EXT.P2 TRUE COPY OF THE JUDGMENT DATED 28/05/2015 IN W.P(C) NO 13497 OF 2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 17695 of 2015 -------------------------------------------------- Dated this the 12th day of June, 2015

J U D G M E N T

The limited prayer in this writ petition is for a direction to the respondent to consider and pass appropriate orders on Ext.P1, which was submitted by the petitioner for issue of temporary permit.

2.

The petitioner is the registered owner of a stage carriage bearing Reg.No.KL 02/T 5290. He applied for temporary permit on the route between Vakkom and Sasthanada in the vacancy of defaulted service KRV 4287. He alleges that the original bus is not operating; and therefore, there is temporary need warranting issuance of temporary permit. The petitioner points out that on account of non-operation of the original permit, there is temporary need under Section 87(1) of the Motor Vehicles Act and there is warranting circumstance to grant and issue temporary permit to him. Therefore, he submitted Ext.P1 application for issue of temporary permit. Alleging

..2..

inaction on the part of the respondent in considering Ext.P1, the petitioner has come up before this Court. 3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 application in the light of Ext.P2 judgment, within a period of two weeks from the date of receipt of a copy of this judgment.

To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition along with a copy of Ext.P2 judgment before the respondent at the earliest.

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