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High Court of KeralaWP(C)/24060/2015disposed of

Sajeer O v. The Secretary, Regional Transport Authority

2015-08-10Honourable 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 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 WP(C).No. 24060 of 2015 (F) ---------------------------- PETITIONER :

----------------------- SAJEER.O., S/O.USMAN, OTHAYAYOTH HOUSE, PADANNAKKARA, KARIYAD SOUTH, THALASSERY, KANNUR.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT :

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR-670 002 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.24060/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE TEMPORARY PERMIT APPLICATION 30/6/2015 ON THE ROUTE PADANNAKKARA- THALASSERY FOR THE VEHICLE KL 10/AA 145 IN PLACE OF KL 13/K 7411.

P2 COPY OF THE CHELAN RECEIPT DATED 30/6/2015 P3 COPY OF THE PROPOSED TIMINGS.

P4 COPY OF THE JUDGMENT DATED 15/6/2015 IN WPC.NO.17777/2015. RESPONDENT'S EXHIBITS:

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24060 of 2015 ------------------------------- Dated this the 10th day of August, 2015.

J U D G M E N T

This writ petition is filed for a direction to the respondent to consider Ext.P1 application for temporary permit.

2. The stage carriage operating on the Padannakkara - Thalassery route was served with KL 13/K 7411. The permit holder abandoned the route. The petitioner alleges that nobody else is operating on the said route now and the travelling public are adversely affected.

3. The petitioner made Ext.P1 application for grant of four months temporary permit in its place by offering KL10/AA-145. According to the petitioner, there is no objectionable overlapping of any scheme of violation of KSRTC also. He alleges that the delay in disposing of Ext.P1 application is without jurisdiction and it is against the public interest. The petitioner is seeking a direction to the respondent to consider Ext.P1 application for obtaining

W.P.(C)No.24060 of 2015 temporary permit for four months from the date of issue, to operate Padannakkara - Thalassery route for the vehicle KL 10/AA 145 in place of KL 13/K 7422. According to the petitioner, this Court had occasion to consider similar matters and Ext.P4 is one among the same. It is with this background, the petitioner has approached this Court.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader.

4. Considering the nature of relief sought for and the submissions made, this writ petition is disposed of directing the respondent to consider and pass orders on Ext.P1 application, within a period of 10 days of receipt of a copy of this judgment in the light of the forthcoming Onam festival. To facilitate early action, it shall be open to the petitioner to produce a copy of this judgment as well as a copy of the writ petition before the respondent concerned at the earliest.

Sd/- A.V.RAMAKRISHNA PILLAI, Judge.

ami/ //True copy// P.A.to Judge