High Court of KeralaWP(C)/34639/2015disposed of

Suresh Babu v. The Secretary, Regional Transport Authority

2015-11-19Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 34639 of 2015 (D) ---------------------------- PETITIONER(S):

-------------------------- SURESH BABU AGED 35 YEARS VOLUPALAM, CHITTOOR PO, CHITTUR PALAKKAD DIST.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY PALAKKAD, PIN 678001 R BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 1911-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34639 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD DATED 20.07.2015 GRANTING REGULAR PERMIT IN FAVOUR OF THE PETITIONER P2:TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE REGIONAL TRANSPORT OFFICER, VATAKARA DIRECTING THE JOINT REGIONAL TRANSPORT OFFICER, CHITTOOR FOR THE PURPOSE OF TRANSFER OF VEHICLE IN FAVOUR OF THE PETITIONER DATED 26.09.2015 P3:TRUE COPY OF THE FORWARDING LETTER OF THE JOINT REGIONAL TRANSPORT OFFICER, CHITTOOR TO THE RESPONDENT DATED 20.10.2015 P4:TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF STAGE CARRIAGE KL 11/N 4446 P5:TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21.10.2015 TO ACCEPT THE RECORDS AND ISSUE THE PERMIT P6:TRUE COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 13.10.2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- W.P(C)NO. 34639 of 2015 --------------------------------------- Dated this the 19th day of November, 2015

JUDGMENT

The regular permit already granted to the petitioner is yet to be issued subject to the settlement of timings. Whether there has been a conscious delay on the part of the petitioner in producing the current records can be considered by the original authority. The question whether the delay could be condoned in the facts and circumstances of the case is also germane. 2.

The petitioner has in the meanwhile filed Ext.P6 application for temporary permit with the respondent. I direct the respondent to consider Ext.P6 application with notice to the petitioner within a period of two weeks. The temporary permit shall be granted if there is no legal impediment in taking note of the grant of regular permit earlier.

The writ petition is disposed of as above.

sks V.CHITAMBARESH, JUDGE