High Court of KeralaWP(C)/18287/2015disposed of

Faisal P. Assis v. The Secretary

2015-06-18Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 18287 of 2015 (I) -------------------------------------- PETITIONER:

------------------- FAISAL P. ASSIS, PANACHAYIL HOUSE, KURUVAMMOOZHY.P.O, ERUMELY, KOTTAYAM.

BY ADV. SRI.P.DEEPAK RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA-689645.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18287 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 A TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT FILED ON 08.06.2015 EXT.P2 A TRUE COPY OF APPLICATION FOR TEMPORARY PERMIT FILED ON 08.06.2015 EXT.P3 A TRUE COPY OF THE RESOLUTION DATED 02.06.2015 OF THE RANNIPERUNAD GRAMA PANCHAYATH EXT.P4 A TRUE COPY OF THE REPRESENTATION DATED 30.05.2015 OF THE PRESIDENT,NARANMOOZHY GRAMA PANCHAYATH EXT.P5 A TRUE COPY OF THE JUDGMENT DATED 09.04.2014 IN WP(C)10614 OF 2014.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.18287 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 18th day of June, 2015

JUDGMENT

The petitioner is seeking a direction to the 2nd respondent to issue temporary permit on Ext.P2 application so as to operate the stage carriage service in the light of Ext.P5.

2. The petitioner is a stage carriage operator. On 8.6.2015 he submitted separate applications Ext.P1 and P2, for grant of regular permit and a temporary permit, to conduct service on the route Arayanjilimannu-Ranni, a remote route lying within the jurisdiction of the respondents.

3. According to the petitioner, the above applications were preferred pursuant to Exts.P3 and P4 resolutions passed and representations submitted by the Ranni-Perunad Grama Panchayat and the Naranmoozhy Grama Panchayat requesting for immediate introduction of stage carriage services on the route in question as the same transverses numerous tribal hamlets.

4. As Exts.P3 and P4 reflect the urgent need for introduction of proposed service, he submitted the application for temporary

WP(C)18287/15 -:2:- permit along with the application for regular permit. However, the respondent is taking the stand that the application for temporary permit cannot be entertained since the application for regular permit is pending before the RTA.

5. Heard the learned counsel for the petitioner and the learned Government Pleader As Ext.P2 application for temporary permit is pending, the writ petition is disposed of directing the respondent to consider and pass orders on Ext.P2 application submitted by the petitioner for temporary permit taking note of Ext.P5 judgment with in a period of two weeks from the date of receipt of a copy of this judgment. To facilitate early action, it shall be open to the petitoner to produce a copy of this judgment and a copy of the writ petition before the respondent at the earliest.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj