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High Court of KeralaWP(C)/22085/2015disposed of

Ashokan P v. The Secretary, Regional Transport Authority, Thiruvananthapuram

2015-07-29Honourable 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 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 WP(C).No. 22085 of 2015 (I) ---------------------------- PETITIONER:

------------ ASHOKAN P, AGED 60 YEARS 268(12/419), VARUVILAKAM-1, MEDICAL COLLEGE THIRUVANANTHAPURAM BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT:

---------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM, PIN - 695001.

R BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22085 of 2015 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------- EXT.P1: TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER ON THE ROUTE PULAYANARKOTTA POONTHURA VALID FROM 1/4/15 TO 31/7 15. EXT,P2: TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DT. 14/7/15. RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.22085 of 2015 -------------------------------------- Dated this the 29th day of July, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to re-issue of substitute temporary permit.

2.

The petitioner is at present conducting stage carriage operation on the route between Pulayanarkotta and Poonthura on the basis of substitute temporary permit. The petitioner alleges that the temporary permit is issued in place of stage carriage KL-01/AA 1545 which is now under default. The present temporary permit issued to the petitioner is valid upto 31.7.2015. The petitioner submitted Ext.P2 application for re-issue of temporary permit. The respondent is the authority to re-issue the temporary permit by allowing Ext.P2 application. Though the application was submitted well in advance, the respondent has not considered the same and thus there is failure on the part of the respondent in performing his statutory duty. It is with this background, the

W.P.(C) No.22085 of 2015 -2petitioner has come up before this Court.

3.

I have heard the learned counsel for the petitioner and the learned Senior Government Pleader in the matter. Considering the nature of the submissions and the nature of the relief sought for, the writ petition is disposed of directing the respondent to reissue substitute temporary permit, within a period of two weeks from the date of receipt of a copy of this judgment. The operation on the strength of the present temporary permit shall continue till the orders are passed. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.