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High Court of KeralaWP(C)/21468/2015disposed of

Lansamma Thomas v. The Secretary, Regional Transport Authority, Idukki

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. 21468 of 2015 (G) ---------------------------- PETITIONER :

----------------------- LANSAMMA THOMAS, VALIYAKANDATHIL HOUSE, PERIMPANACHI P.O., CHANGANACHERRY, KOTTAYAM DT.

BY ADV. SRI.P.DEEPAK RESPONDENT :

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI,PIN- 685 603.

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:

sts

WP(C).No. 21468 of 2015 (G) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 14.07.2015.

EXHIBIT-P2:

A TRUE COPY OF THE JUDGMENT DATED 02.05.2014 IN WPC NO.9695 OF 2014.

RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 21468 of 2015 -------------------------------------------------- Dated this the 16th day of July, 2015

J U D G M E N T

The petitioner has approached this Court for a direction to the respondent to consider Ext.P1 application submitted by the petitioner for issue of temporary permit. 2.

The petitioner alleges that a stage carriage bearing Reg.No.KL-05/Q 7409, which had been issued with a regular permit to conduct service on the route between Chempakappara and Changanacherry, defaulted operation for sometime as the validity of the said regular permit has expired. According to the petitioner, though the permit holder of the said vehicle has applied for renewal of the permit under Section 81 of the Motor Vehicles Act, 1988 the said application is pending consideration of the RTA. The petitioner further alleges that another stage carriage had been issued with temporary permit on the above route to conduct substitute service in the vacant timings of the defaulted service. As the route has again fallen vacant and

W.P.(C) No. 21468 of 2015 ..2..

no other stage carriage is conducting service in the vacant timings, the petitioner filed Ext.P1 application for temporary permit for a period of four months to conduct service on the said route, which is pending. Hence, the petitioner approached this Court for a direction to the respondent to consider Ext.P1 application in the light of Ext.P2 judgment. 3.

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

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 in the light of Ext.P2 judgment, 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/-