High Court of KeralaWP(C)/24498/2015disposed of

D.Santhosh Kumar v. Secretary, Regional Transport Authority

2015-08-12Honourable Mr. Justice A.V.Ramakrishna Pillai5 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. 24498 of 2015 (J) ---------------------------- PETITIONER :

------------------ D.SANTHOSH KUMAR, AGED 57 YEARS, S/O.V.DAMODHARAN (LATE), R.K.V MOTOR SERVICE, MAIN ROAD, ATTINGAL - 695 101.

BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENT :

-------------------- SECRETARY, REGIONAL TRANSPORT AUTHORITY, ATTINGAL, THIRUVANANTHAPURAM RURAL 695 101.

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:

WP(C).No. 24498 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE APPLICATION DATED 7.8.2014 FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER P2:

TRUE COPY OF THE COVERING LETTER DATED 7.8.14 SUBMITTED ALONG WITH EXT.P1 APPLICATION.

P3:

TREU COPY OF THE PROPOSED TIME INDICATED ALONG WITH EXT P2. P4:

TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF THE RTA, THIRUVANANTHAPURAM, DATED 18.4.2015.

P5:

TRUE COPY OF THE NOTICE FOR TIMING CONFERENCE INDICATING THE TIME SCHEDULE DATED 30.7.2015.

P6:

TRUE COPY OF THE APPLICATION DATED 10.8.2015 SUBMITTED BY THE PETITIONER FOR 20 DAYS PERMIT.

RESPONDENT(S)' EXHIBITS :

NIL.

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

A.V.RAMAKRISHNA PILLAI, J.

------------------------------- ------------------------------- Dated this the 12th day of August, 2015.

J U D G M E N T

This writ petition is filed for a direction to the respondent to issue 20 days temporary permit in the light of time schedule mentioned in Ext.P3.

2. The petitioner is a stage carriage operator and he has applied for grant of 20 days temporary permit on the route Cherruneyur-Attingal (via) Thannimoodu, Akathumuri RS, Vakkom panayilkadavu, Nilakamukku, Mananaku and Kollampuzha. The total distance of the route is 18.8 kms. which is an intra-district route. Out of the above distance, from Vakkom to Cherruneyur, a distance of 8 km has become motorable and it is a virgin sector ; it is alleged. However, the RTA granted the permit subject to settlement of timing in accordance with the circular of State Transport Authority, Trivandrum. As per the intimation received from the 1st respondent, the timing conference with respect to the grant

of permit as per Ext.P4 would take place only on 15.9.2015.

3. According to the petitioner, since the Karkidakavavu, the Vinayakachathurthi and the Onam festival are forthcoming, to meet the requirement of the public, it is highly essential to direct the Secretary to issue the 20 days temporary permit with the time schedule mentioned in Ext.P3, making it clear that the pakka permit will be issued only after settling the time issues. 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 pass positive orders on Ext.P6 application considering Ext.P3 time schedule, within a period of 2weeks of receipt of a copy of this judgment, if there is no legal impediment.

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