High Court of KeralaWP(C)/18761/2015disposed of

K. Muhammed Ali v. The Regional Transport Authority

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. 18761 of 2015 (U) ---------------------------- PETITIONER(S)/PETITIONER :

------------------------------------------------ K. MUHAMMED ALI S/O.MOIDEENKUTTY, KUTTIYIL HOUSE, PANTHIRANGADI PO THIRURANGADI TALUK, MALAPPURAM DISTRICT BY ADVS.SRI.P.V.JAYACHANDRAN SRI.S.SUDHEESHKAR SRI.E.B.SHIVANANDAN SRI.NIDHI BALACHANDRAN SRI.PAUL V.KOLLINAL RESPONDENT(S)/RESPONDENTS:

---------------------------------------------------- 1.

THE REGIONAL TRANSPORT AUTHORITY MALAPPURAM, REPRESENTED BY ITS SECRETARY, MALAPPURAM

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM BY GOVERNMENT PLEADER SMT.K.A.SAGEETHA 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. 18761 of 2015 (U) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- TRUE COPY OF THE APPLICATION UNDER SECTION 78(1)(C) OF THE MOTOR VEHICLES ACT IN PRESCRIBED FROM WITH A SET OF RUNNING TIME AND REQUEST DTD 8/6/2015 SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS

A.V.RAMAKRISHNA PILLAI, J ----------------------------------------------- W.P.(C).No.18761 of 2015 ----------------------------------------------- Dated this the 23rd day of June, 2015

JUDGMENT

The petitioner is seeking a positive direction to consider Ext.P1 application for grant of temporary permit.

2. Petitioner is the owner of a stage carriage bearing Reg.No.KL 55-3459 having regular permit on the route Thanur-Parappanangadi - Kozhikode. The vehicle was purchased from Shri.Muhammed Abdulla Haji in November 2007. Due to some objections, the joint application for transferring the regular permit in favour of the petitioner was delayed up to 28.1.2015 and the same is now pending for the ratification of the 1st respondent since 21.5.2015. Due to the stoppage of the stage carriage bearing Reg.No.KL 55-3459, the travelling public of the route Thanur- Parappanagadi - Kozhikode is put to hardship. So in the interest of general travelling public, petitioner purchased latter model vehicle bearing Registration No.KL08 AW-4242 and submitted Ext.P1 application for grant of temporary permit on the route

W.P.(C).No.18761 of 2015 Thanur- Parappanagadi - Kozhikode in the vacant place of the Stage Carriage bearing Registration No.KL 55-3459 until the permit is endorsed into the petitioner's name. The same is pending. Hence this writ petition. 3.

I have heard the learned counsel for the petitioner and the learned Government Pleader. Considering the nature of submission and nature of prayer, the writ petition is disposed of directing the respondents to consider and pass appropriate orders on Ext.1, within a period of one month 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 petition before the respondents at the earliest.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE vs