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High Court of KeralaWP(C)/22626/2015disposed of

Sreekumar S. v. The Secretary, Regional Transport Authority Cum Regional Transport

2015-08-04Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 22626 of 2015 (C) ---------------------------- PETITIONER :

----------------------- SREEKUMAR S., SABARICKAL PADEETTATHIL, KATTACHIRA, PALLICKAL P.O., ALAPPUZHA.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER, ALAPPUZHA-688 001.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 22626 of 2015 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE PROCEEDINGS GRANTING REGULAR PERMIT ON THE ROUTE CHERUTHANA-PANDALAM DATED 19/5/2015. EXT.P2.

TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 17/7/2015 IN THE ROUTE CHERUTHANA-PANDALAM FOR THE VEHICLE KL-4/M 914.

EXT.P3.

TRUE COPY OF THE CHELAN RECEIPT DATED 22/7/2015. RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 22626 of 2015 -------------------------------------------------- Dated this the 4th day of August, 2015

J U D G M E N T

The petitioner is seeking a direction to the respondent for implementing Ext.P1 proceedings granting regular permit. 2.

The petitioner has been granted with a regular stage carriage permit to operate on the route between Cheruthana and Pandalam. According to the petitioner, the timing of this service was almost same as that of an abandoned service. The petitioner alleges that though he produced the records of vehicle bearing Reg.No.KL 4/M 914 in time and requested to issue the granted permit, it is not issued so far. According to him, there is no challenge against Ext.P1 proceedings granting permit. As there was delay in issuing regular permit, the petitioner applied for four months' temporary permit vide Ext.P2, which is also pending consideration. Hence, this writ petition.

3.

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

4.

The learned senior Government Pleader, on

W.P.(C) No. 22626 of 2015 ..2..

instructions, submitted that the delay in issuing the permit is on account of the failure on the part of the petitioner in producing the records of the vehicle.

5.

However, the learned counsel for the petitioner submitted that he is ready to produce the records of the vehicle.

Therefore, the writ petition is disposed of as follows; • The petitioner is permitted to produce the relevant records before the RTA without fail if the same were not already produced.

• The respondent is directed to issue regular permit, on the basis of Ext.P1 proceedings, if the same is otherwise in order, within a period of one month from the date of production of the records of the vehicle.

• As the petitioner has already submitted Ext.P2 application for temporary permit, the same also shall be considered by the Secretary of the RTA, within a period of two weeks from the date of receipt of a copy of this writ petition, if the same is otherwise in order.

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