High Court of KeralaWP(C)/21352/2015disposed of

K.K.Abdul Gafoor v. Regional Transport Authority, Malappuram

2015-07-15Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 WP(C).No. 21352 of 2015 (T) ---------------------------- PETITIONER :

----------------------- K.K.ABDUL GAFOOR, KARUVANGATTUKAVIL HOUSE, RANGATTUR, NADUVATTOM.P.O., MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY, ABDUL KHADER, KAVUNGATTUKAVIL HOUSE, NADUVATTOM, MALAPPURAM.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.21352/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE REGULAR PERMIT APPLICATION DATED 6/6/2015 WITH CHALAN COVERING LETTER AND PROPOSED TIMINGS.

P2 COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 6/6/2015 P3 COPY OF THE JUDGMENT IN WP(C).NO.13626/2015 DATED 8/5/2015. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO JUDGE sts

A.V.RAMAKRISHNA PILLAI, J.

....................................................... W.P.(C) No. 21352 of 2015 (T) ........................................................... Dated this the 15th day of July, 2015

JUDGMENT

The petitioner is aggrieved by the non consideration of Ext.P2 application for temporary permit, and granting the temporary permit pending consideration of the regular permit application.

2.The petitioner was an applicant for the grant of regular stage carriage permit on the route Kuttippuram - Tirur. The regular permit is pending consideration and in the meanwhile, the petitioner applied for temporary permit. The 2nd respondent/Secretary, Regional Transport Authority is not considering the application for temporary permit and issuing the temporary permit for reasons best known to him, it is alleged. There is no legal impediment in granting and issuing temporary permit, which in turn is under challenge in this writ petition.

3.Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

W.P.(C) No. 21352 of 2015 (T) : 2 :

Considering the facts and circumstances of the case, the writ petition is disposed of, directing the 2nd respondent/Secretary to consider and pass appropriate orders on Ext.P2, after affording an opportunity of hearing to the petitioner and all those who are likely to be affected, within a period of two weeks from the date of production of a certified copy of this judgment.

sd/- A.V.RAMAKRISHNA PILLAI, JUDGE AMV/16/07/ /TRUE COPY/ P.A.TO JUDGE