Mohan Raj v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 10TH DAY OF OCTOBER 2014/18TH ASWINA, 1936 WP(C).No. 26229 of 2014 (C) ---------------------------- PETITIONER:

------------------- MOHAN RAJ, S/O APPUKUTTAN, 16/443F, KANNACHATH HOUSE MANJERI MUNICIPALITY, MALAPPURAM.

BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S):

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1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673620.

2. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, MALAPPURAM-676505. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: iap

WP(C).No. 26229 of 2014 (C) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS :

------------------------------------ EXT.P1 : COPY OF THE CERTIFICATE OF REGISTRATION OF STAGE CARRIAGE NO.KL 13/H 1441 EXT.P2 : COPY OF THE PERMIT LESS CERTIFICATE IN RESPECT OF THE STAGE CARRIAGE DATED 20.9.2014 ISSUED BY THE 2ND RESPONDENT EXT.P3 : COPY OF THE APPLICATION FOR TEMPORARY PERMIT SENT BY THE PETITIONER DATED 25.9.2014 EXT.P4 : COPY OF THE APPLICATION SENT BY THE PETITIONER TO THE IST RESPONDENT DATED 29.09.2014 EXT.P5 : COPY OF THE ORDER DATED 30.09.2014 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // TRUE COPY \\ P.A TO JUDGE iap

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 26229 of 2014 C - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2014

J U D G M E N T

The petitioner is the owner of a stage carriage, bearing Registration No.KL-13/H 1441. On coming to know that there is a vacancy in the route Puthiyappa-Medical College, on account of non-renewal of a regular stage carriage, which permit had expired on 07.01.2012, the petitioner submitted Ext.P3 application for temporary permit for a period of four months. It is the contention that since the authority has not taken any decision on Ext,P3, the petitioner filed another application for temporary permit for 20 days by Ext.P4. By Ext.P5 order dated 30.09.2014, respondent authority rejected Ext.P4 application on the ground that a temporary permit cannot be granted in the vacancy of a route bus whose regular permit has already expired in 2012.

2. Having heard the learned counsel for the petitioner as also the learned Government Pleader, this Court is of the opinion that the reasoning given by the respondent cannot be sustained. It is not clear from Ext.P5 as to whether

WPC.26229/2014 : 2 :

any permit has been issued in the vacant timings of the regular service which was in operation. Therefore, at present, there is a vacancy. In that view of the matter, Ext.P5 is set aside. The respondent is directed to consider Ext.P4 application of the petitioner and pass appropriate orders thereon and issue temporary permit for a period of 20 days, in accordance with law, within a period of ten days from the date of receipt of a copy of this judgment. Needless to say, such issuance of temporary permit will be subject to a preferential claim, if any.

Writ petition is disposed of as above.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge