High Court of KeralaWP(C)/24900/2015disposed of

Rasheeda 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. 24900 of 2015 (J) --------------------------------------- PETITIONER(S):

---------------------- RASHEEDA, SHIJU MANZIL, ELAMPAZHANNOOR, KADAKKAL.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM-691001.

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:

WP(C).No. 24900 of 2015 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 29/8/15 P2:

COPY OF THE APPLICATION FOR TEMPORARY PERMIT WITH CHELAN. P3:

COPY OF THE JUDGMENT DATED 8/5/15 IN 12866/15 RESPONDENTS' EXHIBIT ------------------------------------ NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 24900 of 2015 -------------------------------------- Dated this the 17th day of August, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to consider the petitioner's application for re-issuing temporary permit.

The petitioner is the owner of stage carriage bearing registration No.KL-5/N-6664 operating between Ayoor and Anchal in the vacant timing of stage carriage bearing registration No.KL-02/M 6258. The petitioner alleges that the respondent had already granted and issued temporary permit to the petitioner, which is valid till 29.8.2015. Since there is temporary need on account of non-operation of regular service, there is warranting circumstances to grant and reissue of temporary permit on the sector. However, no action was taken by the respondent in the matter; it is alleged. 3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

W.P.(C) No. 24900 of 2015 -2Considering the nature of the submissions and the nature of the relief sought for, the writ petition is disposed of directing the respondent to consider Ext.P2 and pass positive orders on the same within a period of two weeks from the date of receipt of a copy of this judgment, if it is otherwise in order, taking into account the forthcoming Onam season. The petitioner shall have the permission to operate on the basis of the existing temporary permit till a final decision is taken by the respondent on the present application for temporary permit. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.