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High Court of KeralaWP(C)/23361/2015disposed of

Aji.R v. The Secretary, Regional Transport Authority

2015-08-03Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 3RD DAY OF AUGUST 2015/12TH SRAVANA, 1937 WP(C).No. 23361 of 2015 (U) ---------------------------- PETITIONER:

------------------- AJI.R, S/O.RAJAPPAN NAIR, BABY BHAVAN, NEAR V.V.CLINIC, ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM (RURAL), ATTINGAL-695101.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 23361 of 2015 (U) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE TEMPORARY PERMITS ISSUED TO THE PETITIONER.

EXT. P2 :

TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT WITH CHALLAN DATED 24.7.2015.

EXT. P3 :

THE COPY OF THE JUDGMENT DATED 24.4.2015 IN W.P.(C)NO.12866 OF 2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 23361 of 2015 -------------------------------------------------- Dated this the 3rd day of August, 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.P2, which was submitted by the petitioner for reissue of temporary permit.

2.

The petitioner, who is the owner of stage carriage bearing Reg.No.KL 02 P/1854, alleges that he is uninterruptedly operating on the route between Pulimath Temple and Attingal for the last so many years with temporary permits in the vacant timings of stage carriage bearing Reg.No.KL 01V/1440. According to him, since there is temporary need on account of the non-operation of regular service, there is warranting circumstance to grant and reissue of temporary permit. As no action has been taken by the respondent on Ext.P2, the petitioner has approached this Court for a direction to the

W.P.(C) No. 23361 of 2015 ..2..

respondent to grant and issue temporary permit. 2.

Heard the learned counsel for the petitioner and the learned senior 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.P2 in the light of Ext.P3 judgment subject to preferential claims, if any, 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.P3 judgment before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-