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High Court of KeralaWP(C)/24486/2015disposed of

Bibin Kuriakose v. Secretar, 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. 24486 of 2015 (I) --------------------------------------- PETITIONER:

------------------ BIBIN KURIAKOSE, AGED 34 YEARS, S/O.KURIAKOSE, MOLATH HOUSE, PLAMUDY.P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT.

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:

PJ

WP(C).No. 24486 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 A TRUE COPY OF APPLICATION FOR TEMPORARY PERMIT FILED IN RESPECT OF KL-07/AK 5333 ON THE ROUTE KOTHAMANGALAM-PERUMBAVOOR IN THE VACANT TIMINGS OF KL-44/5054 P2 A TRUE COPY OF THE TIME SCHEDULE ISSUED TO KL-44/5054 ON THE ROUTE KOTHAMANGALAM-PERUMBAVOOR.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- W.P.(C)No.24486 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 grant and issue temporary permit on Ext.P1 application for substitute service with Ext.P2 vacant timings of the defaulted service.

2. The petitioner is a stage carriage operator. According to the petitioner, the stage carriage bearing registration number KL-44/5054 is covered by a regular permit to conduct service on the route Kothamangalam-Perumbavoor. It is submitted that, though the regular permit is valid till 24.10.2015, the service is not presently operating on the route in question for the reason that the permit holder has obtained orders for keeping the permit in suspended animation. According to the petitioner, it was in the above scenario, he has filed Ext.P1 application for temporary permit for his stage carriage bearing registration number KL-07/AK 5333, to conduct substitute service on the above route in the vacant

W.P.(C)No.24486 of 2015 timings of the defaulted service. It is with this background, the petitioner has approached this Court.

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

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