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High Court of KeralaWP(C)/20790/2015disposed of

Babu E.V v. The Secretary, Regional Transport Authority, Ernakulam

2015-07-16Honourable 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 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 20790 of 2015 (W) ----------------------------------------- PETITIONER(S):

----------------------- BABU E.V., EDASSERY HOUSE, E. COLONY, ANGAMALY.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, PIN - 682 030.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 20790 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM GRANTING REGULAR PERMIT IN FAVOUR OF THEPETITIONER DATED 30/10/2014.

EXT.P2: TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 18//5/2015 ISSUING 20 DAYS TEMPORARY PERMIT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE MODIFIED TIMING SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 8/7/2015 RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 20790 of 2015 -------------------------------------------------- Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner has come up before this Court aggrieved by the inaction on the part of the respondent in issuing regular permit in respect of his stage carriage. 2.

The petitioner applied for the grant of a regular permit to operate service on the route between Adivaram and Desom Junction under the provisions of the Motor Vehicles Act, 1988. According to the petitioner, this is a route having 27 km, which passes through rural area, where there is no adequate travelling facility. The RTA, Ernakulam granted the regular permit to the petitioner as per Ext.P1. Since Ext.P1 contains a condition regarding settlement of timings, the respondent has not issued the same, which, according to the petitioner, caused him irreparable injury and hardship. The petitioner alleges that though timing conference has been scheduled on two occasions, it is adjourned without any reason and

W.P.(C) No. 20790 of 2015 ..2..

justification. Hence, this writ petition.

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 issue regular permit to the petitioner within a period of three weeks from the date of receipt of a copy of this judgment. While issuing the permit, the respondent shall also consider the feasibility of Ext.P3.

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 bka/-