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High Court of KeralaWP(C)/24303/2015disposed of

Kirankumar v. The 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. 24303 of 2015 (K) ---------------------------- PETITIONER :

-------------------- KIRANKUMAR KARIMPADATH HOUSE, CHERANELLORE, KOCHI - 34.

BY ADV. SRI.P.DEEPAK RESPONDENT :

----------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 030.

BY GOVT. 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:

Mn ...2/-

WP(C).No. 24303 of 2015 (K) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - A TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 21.8.2015. EXT. P2 - A TRUE COPY OF APPLICATION FOR TEMPORARY PERMIT WITH COVERING LETTER DT. 05.8.2015.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24303 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 consider Ext.P2 application for temporary permit.

2. The petitioner is a stage carriage operator of vehicle bearing No.KL-05/S 1620, which is conducting service on Cheranellore-Fort Kochi route on the strength of successive short term temporary permits issued to it to conduct substitute service in place of a defaulted service, namely KL-07/AN 313 and the said permit is valid till 21.8.2015.

3. According to the petitioner, Ext.P1 is the temporary permit issued in the name of Sri.P.P.Sugathan, the then registered owner of the vehicle and the ownership of the vehicle has since been transferred to the name of the petitioner herein. Accordingly, the petitioner filed Ext.P2 application for temporary permit in his own name. Since

W.P.(C)No.24303 of 2015 the respondent is refusing to countenance Ext.P2, 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.P2 application granting temporary permit, if the application is otherwise in order, so as to enable the petitioner to operate his stage carriage in continuation of Ext.P1 temporary permit, which is valid till 21.8.2015, 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