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High Court of KeralaWP(C)/24783/2015disposed of

C.K. Ajith v. The Secretary, Regional Transport Authority

2015-08-17Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 WP(C).No. 24783 of 2015 (W) ---------------------------- PETITIONER:

------------------ C.K. AJITH, JYOTHI BHAVAN, CMC 13, CHERTHALA, ALAPPUZHA.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA - 688 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 24783 of 2015 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

TRUE COPY OF THE RELEVANT PAGES OF THE FESTIVAL NOTICE. P2 :

TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 7-8-2015 OPERATING ON THE ROUTE CHERTHALA - MUHAMMA - CHERTHALA FOR THE VEHICLE KL 14/F 2424 IN PLACE OF KL 8/W 408. P3 :

TRUE COPY OF THE CHELAN RECEIPT DATED 10-8-2015. P4 :

TRUE COPY OF THE JUDGMENT DATED 10-8-2015 IN WPC.NO.24060/2015. RESPONDENTS' EXHIBITS:

NIL.

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 24783 of 2015 -------------------------------------------------- Dated this the 17th day of August, 2015

J U D G M E N T

The petitioner has approached this Court for a direction to the respondents to consider Ext.P2 application for granting four months' temporary permit. 2.

The petitioner alleges that the route, Cherthala - Muhamma - Cherthala was being operated by a regular stage carriage permit holder in respect of the vehicle bearing Reg.No.KL 8/W 408 and the said permit is surrendered recently. According to him, those timings are vacant and nobody else is granted with any permit in its vacancy or in its place and the travelling public is deprived of the existing service. The petitioner further alleges that considering the festival season, temporary permits could be granted as per Kerala Gazette notification. Hence, he applied for four months' temporary permit in the vacant timings of the aforesaid

W.P.(C) No. 24783 of 2015 ..2..

service. He approached this Court seeking a direction to the respondent to grant temporary permit considering the Onam festival and other festival seasons.

3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the relief sought for, the writ petition is disposed of directing the respondent to consider Ext.P2 application and grant positive orders granting temporary permit if it is otherwise in order within a period of two weeks in the light of the approaching Onam festival.

To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-