High Court of KeralaWP(C)/31265/2015disposed of

Mohammed Rafi v. The Secretary

2015-10-14Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 31265 of 2015 (G) -------------------------------------- PETITIONER:

-------------------------- MOHAMMED RAFI S/O. SULAIMAN KOTAKUZHIKKAL HOUSE KIZHAKKUMPURAM MANNUR PALAKKAD BY ADV. SRI.I.DINESH MENON RESPONDENT:

---------------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY PALAKKAD - 678 001 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31265 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 22.06.2015 EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 21.08.2015 WITH COVERING LETTER EXHIBIT P4 TRUE COPY OF THE ORDER IN W.P(C). NO. 25471/2015 DATED 19.08.2015 RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE DCS

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 31265 OF 2015 ---------------------------------------- Dated this the 14th day of October, 2015

JUDGMENT

Ext. P2 application filed belatedly to renew Ext. P1 regular permit is pending consideration. The petitioner has in the meanwhile filed Ext. P3 application for temporary permit to operate service on the same route. The same deserves to be dealt with under Section 87(1)(c) of the Motor Vehicles Act, 1988.

The petitioner contends that he is entitled to operate service as a limited stop ordinary service. This is in view of G.O. (MS) No. 45/2015 dated 20.08.2015. I direct the respondent to consider Ext. P3 application in the light of the Government Order read above. The same shall be done with notice to the petitioner within a period of two weeks.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS