Anithan.K.P v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31246 of 2015 (E) ---------------------------- PETITIONER:

------------------ ANITHAN.K.P., S/O.PRABHAKARAN, KAROTTU HOUSE, MANNAMPETTA P.O.VARAKKARA, THRISSUR REPRESENTED BY POWER OF ATTORNEY, BABY C.P., CHAKKALAKKAL HOUSE, PALISSERY P.O., THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

---------------------------- 1.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 002.

* ADDL. R2 IS IMPLEADED ADDL.2.

K.K. VINOD, AGED 38, S/O. KOCHAPPU, KODOYAN HOUSE, MARIYAPURAM, THRISSUR DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOHAR A.A., S/O. ANTO, AGED 38, AINIKKAL HOUSE, CHERPU P.O., THRISSUR.

* ADDL. R2 IS IMPLEADED AS PER THE ORDER IN I.A.NO. 15321/2015 DATED 20.10.2015 R2 BY ADV. SRI.M.JITHESH MENON BY SENIOR GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-10-2015, ALONG WITH WP(C) NO. 31077/2015 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31246 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE REGULAR PERMIT OF THE PETITIONER EXHIBIT P2 - TRUE COPY OF THE TEMPORARY PERMIT DATED 18.8.2015 EXHIBIT P3 - TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 3.10.2015 WITH COVERING LETTER AND CHALAN. RESPONDENT(S)' EXHIBITS :

EXHIBIT R2A - TRUE COPY OF THE OBJECTION DATED 15.06.2015 (WITHOUT ANNEXURE) /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NOs. 31246 & 31077 OF 2015 -------------------------------------------------- Dated this the 20th day of October, 2015

JUDGMENT

The petitioner in WP(C) No. 31246/2015 seeks consideration of Ext.P3 application therein for re-issue of temporary permit. The petitioner in WP(C) No. 31077/2015 is the additional second respondent in WP(C) No. 31246/2015. The additional second respondent wants Ext.R2(a) objection also to be considered while allotting time schedule in the re-issue of temporary permit.

2.

I direct the first respondent to consider Ext.R2(a) objection at the time of considering Ext.P3 application with notice to the petitioner and the additional second respondent. Notice shall also be given to other operators on the route. 3.

Final orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. There can however be no inhibition in re-issuing the temporary permit to the petitioner in WP(C) No. 31246/2015 even earlier. But the time slot to be adhered by him will be in accordance with the

WP(C) Nos. 31246 & 31077 of 2015 time schedule allotted to the timing conference after that date. 4.

The petitioner in WP(C) No. 31246/2015 shall be permitted to continue the service till orders are passed on Ext.P3 as directed above.

The Writ Petitions are disposed of.

V. CHITAMBARESH JUDGE ncd