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High Court of KeralaWP(C)/24115/2015disposed of

Suresh 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. 24115 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- SURESH, S/O. GOPALA PILLAI, SREENILAYAM, NEDUMON P.O., ADOOR, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.P.DEEPAK.

RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, PIN-689 645.

BY GOVT. 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:

rs.

WP(C).No. 24115 of 2015 (L) APPENDIX PETITIONER'S EXHIBITS:- P1 :

A COPY OF APPLICATION FOR TEMPORARY PERMIT FILED ON 03.08.2015. P2 :

A COPY OF APPLICATION FOR REGULAR PERMIT FILED ON 05.08.2015. P3 :

A COPY OF THE JUDGMENT DATED 09.04.2014 IN WP(C).NO.10614 OF 2014. RESPONDENT'S EXHIBITS:- NIL.

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24115 of 2015 ------------------------------- Dated this the 10th day of August, 2015.

J U D G M E N T

The petitioner is seeking a direction to consider Ext.P1 application for substitute temporary permit in the existing defaulted vacancy of another stage carriage.

2. The petitioner is a stage carriage operator and he submitted Ext.P1 application for the grant of a temporary permit to conduct service on the Punaloor-Adoor route. Temporary permit was sought to conduct substitute service in the defaulted vacancy of another stage carriage, namely KL-02/T 8326.

3. When Ext.P1 application was submitted by the petitioner, he was informed that the regular permit issued to the above stage carriage has already expired and the permit holder of the said vehicle has not filed application for renewal. Accordingly, he filed Ext.P2 application for regular permit in the above route, since he was advised to do so. According to him, both the applications were not considered so far, though he sought permit in the vacancy

W.P.(C)No.24115 of 2015 of a defaulted regular service. He contended that, this Court had occasion to consider similar matters and Ext.P3 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 positive orders on Ext.P1 application granting substitute temporary permit if the application is otherwise in order, within a period of 2 weeks of receipt of a copy of this judgment in the light of the forthcoming Onam season.

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