High Court of KeralaWP(C)/24110/2015disposed of

Subair v. The Secretary

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. 24110 of 2015 (K) ---------------------------- PETITIONER :

------------------ SUBAIR AGED 48 YEARS S/O. KUNHI MOHAMMED, PAKKICHANTEPURAKKAL HOUSE, NIRAMARUTHUR P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU J.VALLYARA RESPONDENT :

-------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505. 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:

WP(C).No. 24110 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL-10/T 6786 ISSUED BY THE RESPONDENT.

P2 :

COPY OF THE RENEWAL APPLICATION DTD.16.3.2015 SUBMITTED BY THE PERMIT HOLDER OF STAGE CARRIAGE KL-10/T 6786 BEFORE THE RESPONDENT.

P3 :

COPY OF THE APPLICATION DTD.24.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24110 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.P3 application for temporary permit.

2. The stage carriage operating on the Purathur - Koottail Azhimugham route was served with KL-10-T-6786. The permit holder abandoned the route and he has submitted Ext.P2 renewal application and the same is pending consideration and therefore there exists a vacancy.

3. According to the petitioner, the previous registered owner of the petitioner's stage carriage KL-10-Q-3116 was conducting service in the above vacancy. Hence, the petitioner made Ext.P3 application for grant of four months substitute temporary permit in its place by offering KL-10Q-3116. However, the respondent has not considered Ext.P3 application on merit. The petitioner is seeking a direction

W.P.(C)No.24110 of 2015 to the respondent to consider Ext.P3 application for obtaining substitute temporary permit for four months from the date of issue. 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.P3 application, within a period of 2weeks of receipt of a copy of this judgment.

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