High Court of KeralaWP(C)/18653/2015disposed of

Moosa Haji v. Rta, Kozhikode

2015-06-23Honourable 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 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 WP(C).No. 18653 of 2015 (F) ---------------------------- PETITIONER(S):

-------------------------- MOOSA HAJI, KOLAKKADAN HOUSE, CHERUVADI PO, KOZHIKODE 673 661 BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN-673020

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KOZHIKODE, 673 020 BY GOVERNMENT PLEADER K.A.SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

WP(C).No. 18653 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :

TRUE COPY OF THE REGULAR PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE AREEKODE MAVOOR KOZHIKODE DATED 18.5.2015 EXT.P2 :

TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE AREEKODE-MAVOOR, KOZHIKODE DATED 3.6.2015 EXT.P3 :

TRUE COPY OF THE COVERING LETTER SUBMITTED ALONG WITH THE TEMPORARY PERMIT APPLICATION DATED 3.6.2015 RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS

A.V.RAMAKRISHNA PILLAI, J ----------------------------------------------- W.P.(C).No18653 of 2015 ----------------------------------------------- Dated this the 23rd day of June, 2015

JUDGMENT

The petitioner is seeking a direction to respondents to consider his application for regular permit as well as temporary permit applications, for stage carriage bearing No.KL-13/H 6029.

2. The petitioner filed Ext.P1 application for the grant of a regular permit to operate service on the route Areekode - Mavoor - Kozhikode. This is a route length having a distance of 35 kms, out of which 7 kms is within the jurisdiction of Regional Transport Authority, Malappuram. According to the petitioner no concurrence or countersignature is required from any authorities. Along with the application the petitioner suggested a set of timings also for the operation of the service in compliance with the provisions. Pending grant of regular permit, petitioner submitted Ext.P2 application for grant of temporary permit. As per Rule 133(j) of the Kerala Motor Vehicles Rules the power to grant temporary permit is already delegated to the 2nd respondent for the prompt

W.P.(C).No18653 of 2015 and convenient dispatch of business. The 2nd respondent has not issued the temporary permit and thereby the travelling public is put to much inconvenience and hardship. There is total failure on the part of the respondents in performing their statutory duty; it is alleged. Hence this Writ Petition.

3. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents.

4. The learned Government Pleader for the respondents submits that the application for permit has been submitted only on 18.05.2015.

The writ petition is disposed of, directing the respondents to consider the petitioner's application for temporary permit within a period of two weeks. 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 before the respondent at the earliest. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE vs