High Court of KeralaWP(C)/35544/2015disposed of

Sajeer v. The Secretary

2015-12-15Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 WP(C).No. 35544 of 2015 (P) ---------------------------- PETITIONER:

------------------- SAJEER O, S/O. USMAN, OTHAYAYOTH HOUSE, PADANNAKARA, KARIYAD SOUTH, THALASSERY, KANNUR.

BY ADV. SRI.O.D.SIVADAS RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR 670 001.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35544 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - THE COPY OF THE JUDGMENT DT. 10.8.2015 IN WPC NO. 24060/2015.

EXHIBIT P2 - THE COPY OF THE PROCEEDINGS DT. 05.11.2015.

EXHIBIT P3 - THE COPY OF THE PROCEEDINGS DT. 06.11.2015.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.35544 of 2015 --------------------- Dated this the 15th day of December, 2015

J U D G M E N T

The Senior Government Pleader vehemently disputes the contention of the petitioner as regards the existence of a lapsed vacancy to enable a temporary permit being issued. This precise point has not been considered by the respondent in Ext.P2 order warranting the same to be quashed. I do so.

2. The petitioner contends that the vehicle offered was issued a permitless certificate and has been operating service on another route. The Senior Government Pleader adds that the timing for the lapsed vacancy has since been allotted to other operators. All these are matters to be considered by the respondent pursuant to the order of remand.

3. I direct the respondent to pass orders anew with notice to the petitioner within a period of two weeks.

The Writ Petition is disposed of.

V.CHITAMBARESH, Judge.

nj/15.12.15