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High Court of KeralaWP(C)/20400/2015disposed of

Baiju v. The Secretary

2015-07-07Honourable 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 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No.20400 of 2015 (Y) --------------------------------------- PETITIONER:

------------------- BAIJU,S/O.GOPALAKRISHNA PILLAI, AGED 37 YEARS,CHIRAYIL PUTHEN VEEDU, THRIKOVILVATTOM,KOLLAM.

BY ADV.SRI.O.D.SIVADAS RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM-691 001.

BY GOVT. PLEADER SMT.K.A.SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.20400 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT.P1:COPY OF THE APPLICATION FOR TEMPORARY PERMIT. EXT.P2:THE COPY OF THE JUDGMENT DATED 08.5.2015 IN WPC NO.13497/2015. RESPONDENT'S EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 20400 of 2015 -------------------------------------------------- Dated this the 7th day of July, 2015

J U D G M E N T

Aggrieved by the non-consideration of Ext.P1 application for temporary permit, the petitioner has come up before this Court.

2.

The petitioner, who is the owner of a stage carriage bearing Reg.No.KL-03/K 438, submitted Ext.P1 application for temporary permit to operate on the route between Ambalamkunnu and Kollam in the vacancy of a stage carriage bearing Reg.No.KL 2 T/7282. According to the petitioner, as the original bus is not operating, on account of non operation, there is temporary need for permit under Section 87(1) of the Motor Vehicles Act. Hence, the petitioner has approached this Court for a direction to the respondent to consider Ext.P1 application for temporary permit in the light of Ext.P2 judgment. 3.

I have heard the learned counsel for the

W.P.(C) No. 20400 of 2015 ..2..

petitioner and the learned Government Pleader in the matter.

Considering the nature of the relief sought for, this writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 application in the light of Ext.P3, 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/- The vehicle number "KL-03/K 438" occurring in the 2nd line of paragraph 2 of the judgment dated 07/07/2015 in W.P.(C) No.20400/2015 is corrected and substituted as "KL-03-J-6748" as per order dated 07/08/2015 in I.A. 11277/2015 in W.P.(C) No.20400/2015.

Sd/- Registrar(Judicial)