Emil B.K v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 24746 of 2015 (P) ---------------------------- PETITIONER(S)/PETITIONER:

---------------- EMIL B.K, AGED 42 YEARS S/O LATE SHRI KUNJU KUNJU RESIDING AT BALLIPADATH HOUSE, CHOORNIKKARA THAIKKATTUKARA, ALUVA-683106.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S)/RESPONDENT:

----------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION ERNAKULAM-682030.

R BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24746 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1 TRUE COPY OF THE REGULAR PERMIT VALID UPTO 14.07.2014 ISSUED BY THE RESPONDENT IN THE NAME OF THE PETITIONER TO OPERATE ON THE ROUTE ALUVA-PERUMPADAPPU P2 TRUE COPY OF THE APPLICATION DATED 06.03.2015 FILED UNDER SECTION 87 (1)(D)OF THE MOTOR VEHICLES ACT FOR THE GRANT OF FOUR MONTHS TEMPORARY PERMIT ON THE ROUTE ALUVA,PERUMPADAPPU P3 TRUE COPY OF THE TEMPORARY PERMIT BY THE RESPONDENT ON 29.04.2015 FOR 20 DAYS WHICH WAS VALID UPTO 18.05.2015 P4 TRUE COPY OF THE APPLICATION DATED 04.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT P5 TRUE COPY OF THE JUDGMENT MADE IN W.P(C)18285/2015 DATED 18.06.2015 P6 TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT ISSUED ON 13.07.2015 REJECTING EXHIBIT.P4 APPLICATION P7 TRUE COPY OF THE PROCEEDINGS DATED 04.08.2015 ISSUED BY THE SECRETARY RTA,MALAPPURAM IN A SIMILAR CASE.

RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.24746 of 2015 --------------------- Dated this the 14th day of September, 2015

J U D G M E N T

The application for renewal of regular permit has already been rejected on the ground that it is a notified route. The application for temporary permit has also been rejected for various reasons. Whether the reasons are tenable or not is a matter to be decided in appeal only. The petitioner has an effective remedy by way of appeal under Section 89 of the Motor Vehicles Act.

The Writ Petition is dismissed without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.

nj.