High Court of KeralaWP(C)/23598/2015disposed of

A.V.Vasanthy v. The Secretary, Regional Transport Authority

2015-08-05Honourable 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 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 WP(C).No. 23598 of 2015 (Y) ---------------------------- PETITIONER :

----------------------- A.N.VASANTHY, KARIYEZHATH HOUSE, PERINJANAM.P.O., THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 002 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.23598/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE JUDGMENT IN WP(C).NO.21531 OF 2015 DATED 21/7/2015 P2 COPY OF THE APPLICATION FOR TEMPORARY PERMIT ON THE ROUTE KUMARANCHIRA AMBALAM-KARALAM-IRINJALAKUDA-MOONNUPEEDIKA P3 COPY OF THE FEE RECEIPT EVIDENCING PAYMENT OF REQUISITE FEE FOR TEMPORARY PERMIT P4 COPY OF THE COVERING LETTER ACCOMPANYING THE APPLICATION FOR TEMPORARY PERMIT.

RESPONDENT'S EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 23598 of 2015 -------------------------------------- Dated this the 5th day of August, 2015.

JUDGMENT

The petitioner is aggrieved by the non-consideration of Ext.P2 application for temporary permit in respect of his stage carriage on the route between Kumaranchira and AmbalamKaralam-Irinjalakuda via Moonnupeedika. 2.

The petitioner alleges that he had preferred an application for regular permit and the same was considered by the RTA and it is adjourned only on the ground that the time schedule produced was not in accordance with speed regulations. There was no other legal impediment that was found in refusing to grant of regular permit. Accordingly, the petitioner has now produced a rectified time schedule. This Court by judgment in W.P.(C) No.21531 of 2015 has directed consideration of the application for regular permit. The RTA meeting is not scheduled and the petitioner does not know when his application for regular permit would be processed. The petitioner has now applied for a temporary permit in the

W.P.(C) No. 23598 of 2015 -2light of Onam Festival season and also pending finalisation of the application for regular permit. Onam is an accepted temporary need as envisaged under Section 87 (1) (a) as well as under Section 87 (1) (c). It is with this background, the petitioner has come up before this Court.

I have heard the learned counsel for the petitioner and the learned 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 consider Ext.P2 application for temporary permit and to pass positive orders on the same, in the light of Onam Festival season, within a period of one week from the date of receipt of a copy of this judgment.

To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.