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High Court of KeralaWP(C)/21666/2015disposed of

Shihabudeen v. The Secretary

2015-07-17Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 WP(C).No. 21666 of 2015 (G) ---------------------------------------- PETITIONER(S):

----------------------- SHIHABUDEEN, S/O.ABDUL KHADER, THONDALIL KIZHAKKEPURAM, PORUVAZHY P.O., SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM - 691 001. BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 21666 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE TEMPORARY PERMIT DATED ISSUED TO THE PETITIONER DTD.24.12.2014.

EXT.P2: TRUE COPY OF THE TEMPORARY PERMIT DATED ISSUED TO THE PETITIONER DTD.21.4.2015.

EXT.P3: TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT WITH CHELAN DTD.9.4.2015.

EXT.P4: THE COPY OF THE JUDGMENT DTD.7.4.2015 IN WP(C) NO.10522 OF 2015. RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 21666 of 2015 -------------------------------------------------- Dated this the 17th day of July, 2015

J U D G M E N T

The limited prayer in this writ petition is for a direction to the respondent to consider and pass appropriate orders on Ext.P3, which was submitted by the petitioner for reissue of temporary permit.

2.

The petitioner, who is the owner of stage carriage No.KL 23 C/7131, is operating service on the route between Kayamkulam and Kollam on the basis of temporary permit, which is issued in the vacant timing of stage carriage bearing Reg.No.KL 02 T/1684, which is valid till 23.08.2015. According to the petitioner, since there is temporary need on account of non-operation of regular service, there is warranting circumstance to grant and issue temporary permit. Hence, the petitioner submitted Ext.P3 application for reissue of temporary permit. Alleging inaction on the part of the respondent in

W.P.(C) No. 21666 of 2015 ..2..

considering Ext.P2, the petitioner has come up before this Court.

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 consider and pass appropriate orders on Ext.P3 in the light of Ext.P4 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 before the respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-