Shafna Basheer v. Regional Transport Authority
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 WP(C).No. 24721 of 2015 (M) ---------------------------- PETITIONER :
--------------------- SHAFNA BASHEER MOOTHEDAM HOUSE, KANDANTHARA, ALLAPRA P.O.
PERUMBAVOOR, ERNAKULAM DISTRICT.
BY ADV. SRI.P.DEEPAK RESPONDENTS :
--------------------------
1. THE REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA - 686 661.
2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY MUVATTUPUZHA - 686 661.
R1 & R2 BY GOVT. PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 24721 of 2015 (M) ----------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1.
A TRUE COPY OF APPLICATION FOR REGULAR PERMIT FILED ON 13.07.2015.
EXHIBIT P2.
A TRUE COPY OF APPLICATION FOR TEMPORARY PERMIT FILED ON 06.08.2015.
EXHIBIT P3.
TRUE COPY OF THE REPRESENTATION DATED 06.08.2015 OF THE PRINCIPAL, GOVERNMENT H.S.S., AKANAD.
EXHIBIT P3(a). TRUE COPY OF THE REPRESENTATION DATED 03.08.2015 OF THE PRESIDENT, KOOVAPPADY GRAMA PANCHAYAT.
EXHIBIT P3(b). TRUE COPY OF THE REPRESENTATION DATED 03.08.2015 OF THE MLA, PERUMBAVOOR.
EXHIBIT P4.
A TRUE COPY OF THE JUDGMENT DATED 09.04.2014 IN WP(C) NO.10614 OF 2014.
RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
A.V.RAMAKRISHNA PILLAI, J.
------------------------------------- ---------------------------------- Dated this the 13th day of August, 2015.
J U D G M E N T
The petitioner is seeking a direction to consider Ext.P2 temporary permit application pending consideration of Ext.P1 application for regular permit.
2. The petitioner is a stage carriage operator. On 13.7.2015, the petitioner submitted Ext.P1 application for the grant of a regular permit to conduct service on the route Malayattoor-Perumbavoor-Aluva via New Bridge and Rajagiri Hospital, across the newly constructed MalayattoorKodanad bridge. Ext.P1 application was boarded up for consideration in the Agenda for the meeting of the RTA scheduled to be held on 6.8.2015. However, the said meeting did not materialise and stands adjourned to 17.8.2015. It was in the said scenario, that on 6.8.2015 itself, the petitioner submitted Ext.P2 application for
temporary permit to conduct service on the route in question. Along with Ext.P2 application, the petitioner also submitted a representation from the Principal, Government H.S.S., Akanad and another representation from the President, Koovappady grama panchayat requesting for immediate introduction of the proposed service and another representation to that effect was also preferred by the local MLA, ie., Exts.P3, P3(a), and P3(b) respectively. According to the petitioner, in an identical matter, this Court has passed Ext.P4 judgment. It is also alleged that the respondent has not so far taken any steps to consider Ext.P2 application for temporary permit pending disposal of Ext.P1 application for regular permit. It is with this backdrop, the petitioner has approached this Court.
3 I have heard the learned counsel for the petitioner and the learned standing counsel for the respondent and the learned Government pleader.
4. Considering the submissions made and the relief sought in this petition, this writ petition is disposed of as under :
1) The 2nd respondent is directed to consider Ext.P1 application for regular permit within a period of one month.
2) The respondent shall consider Ext.P2 application for temporary permit and pass positive orders on the same, pending consideration of Ext.P1 regular permit application, within a period of 2 weeks from today, taking into account the forthcoming Onam festival season, if the same is otherwise in order.
Sd/- A.V.RAMAKRISHNA PILLAI, Judge.
ami/ //True copy// P.A. to Judge