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High Court of KeralaWP(C)/24484/2015disposed of

M.C.Mathai v. The Secretary, Regional Transport Authority, Muvattupuzha

2015-08-12Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 24484 of 2015 (I) ---------------------------- PETITIONER:

------------------- M.C.MATHAI, S/O. CHACKO, MAMBILLIKUZHIYIL HOUSE, SOUTH MARADY, MUVATTUPUZHA, ERNAKULAM DT.

BY ADV. SRI.P.DEEPAK RESPONDENT:

----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA - 686661.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 24484 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1A TRUE COPY OF THE AGENDA (RELEVANT EXTRACT) FOR THE MEETING OF THE RTS, MUVATTUPUZHA SCHEDULED TO BE HELD ON 17-08-2015.

EXHIBIT P2A TRUE COPY OF APPLICATION FOR TEMPORARY PERMIT FILED ON 10-08-2015.

EXHIBIT P3A TRUE COPY OF THE REPRESENTATION DATED 07-08-2015 OF THE MLA, MUVATTUPUZHA.

EXHIBIT P4A TRUE COPY OF THE JUDGMENT DATED 09-04-2014 IN WPC NO. 10614/2014.

RESPONDENT(S)' EXHIBITS:

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C)No.24484 of 2015 ---------------------------------- Dated this the 12th 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 temporary permit application pending consideration of application for regular permit.

2. The petitioner is a stage carriage operator. He filed an application for the grant of a regular permit to conduct service on the route Muvattupuzha-PiravamKoothattukulam. The said application has been boarded up for consideration in the meeting of the RTA, Muvattupuzha scheduled to be held on 17.8.2015. According to the petitioner, he has filed a separate application for temporary permit on the very same route taking into account the urgent and particular temporary need prevailing on the route in question. The petitioner submits that the necessity for the immediate introduction of the proposed service has also been endorsed by the MLA representing Muvattupuzha

W.P.(C)No.24484 of 2015 vide Ext.P3 representation. It is with this backdrop, the petitioner has approached this Court.

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

4. Considering the nature of submissions made and the relief sought in this petition, this writ petition is disposed of as under :

The respondent is directed to consider Ext.P2 application for temporary permit and pass positive orders on the same, pending consideration of regular permit application, within a period of 2 weeks from today, taking into account the forthcoming Onam festival season, if there is no legal impediment, in the light of Ext.P4 judgment.

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

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