← Library
High Court of KeralaWP(C)/24302/2015disposed of

E.K.Abraham v. Secretary

2015-08-11Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 24302 of 2015 (K) ---------------------------- PETITIONER(S):

-------------------------- E.K.ABRAHAM, ERACHERIL HOUSE, VADAVATHOOR P.O, KOTTAYAM.

BY ADV. SRI.P.DEEPAK RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 24302 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1.

A TRUE COPY OF THE PROCEEDINGS OF THE RTA, KOTTAYAM DATED 6.11.14.

EXHIBIT P2.

A TRUE COPY OF THE COMMUNICATION DATED 23.7.15 RECEIVED UNDER THE RTI ACT 2005.

EXHIBIT P3.

A TRUE COPY OF THE APPLICATION FOR FOUR MONTHS TEMPORARY PERMIT FILED ON 7.8.15 TO CONDUCT SERVICE ON THE ROUTE PUTHUPPALLY CHURCH, KOTTAYAM IN THE VACANT TIMINGS OF KL - 5.M 3139.

RESPONDENT(S)' EXHIBITS:

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24302 of 2015 ------------------------------- Dated this the 11th day of August, 2015.

J U D G M E N T

The petitioner is seeking a direction to the respondent to grant and issue temporary permit on Ext.P3 application in the vacant timings of KL-05/M 3139.

2. The petitioner is a stage carriage operator. By Ext.P1 proceedings of the RTA, Kottayam, dated 6.11.2014, a temporary permit for a period of four months was granted to stage carriage bearing registration No.KL-02/N 8888 to conduct service on the route Puthuppally Church-Kottayam in the vacant timings of a defaulted service of KL-05/M 3139. According to the petitioner, the respondent authority did not avail the permit. Ext.P2 reveals that the grantee under Ext.P1 had represented in writing that she is not interested in availing the permit, hence the petitioner filed Ext.P3 application for temporary permit in his own name. However, the respondent is refusing to countenance Ext.P3. It is with

W.P.(C)No.24302 of 2015 this background the petitioner approached this Court.

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

4. The learned counsel for the petitioner confined his arguments to a limited prayer to direct the respondent to grant and issue temporary permit on Ext.P3 application. Considering the reliefs sought for and the submissions made by the learned counsel for the petitioner, this writ petition is disposed of directing the respondent to consider and pass positive orders on Ext.P3 application for temporary permit within 2 weeks of receipt of copy of this judgment, if there is no other legal impediment.

To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as a copy of this judgment before the respondent.

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

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