High Court of KeralaWP(C)/36848/2015disposed of

Jeemon V.K. v. Secretary, Regional Transport Authority

2015-12-044 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 36848 of 2015 (E) ---------------------------- PETITIONER(S):

-------------- JEEMON V.K., AGED 39 YEARS, S/O.KESAVA PANICHER, VALLIKKERIL HOUSE, EZHUMANTHURUTH P.O., MUTTUCHIRA, KOTTAYAM DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

-------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686002.

BY SR.GOVT. PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36848 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1TRUE COPY OF THE TEMPORARY PERMIT DTD.17.11.2015 EXT.P2TRUE COPY OF THE JUDGMENT IN WP(C).20898/15 DTD.7.8.2015 EXT.P3TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 3.12.2015 WITH CHALAN.

EXT.P4TRUE COPY OF THE JUDGMENT IN WP(C).34517/15 DTD.16.11.2015 RESPONDENT'S EXHIBITS: NIL OKB // True copy// P.A. to Judge

K.HARILAL, J.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W.P.(C) No.36848 of 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 4th day of December, 2015.

JUDGMENT

The petitioner is an existing operator on the route Kaipuzhamuttu-Palamkadavu on the basis of the temporary permit issued in the vacancy of the stage carriage bearing Registration No.KL-15/K-6834 and the said temporary permit is valid till 6.12.2015. Since the basic permit holder is not operating the service, the petitioner herein again applied for re-issue of temporary permit by submitting Ext.P3. According to the petitioner, there is absolutely no legal impediment in granting the temporary permit subject to preferential claim of the basic permit holder. Since the permit granted earlier to the basic permit holder, pursuant to the direction of this Court in Ext.P2, is expiring on 6.12.2015, if temporary permit is not reissued to the petitioner, he will be put to great hardship. The grievance of the petitioner is that Ext.P3 has not been considered so far. It is only appropriate that the temporary permit application

WP(C).36848/15 :2: Ext.P3 be considered and orders be passed at the earliest.

2. In the above view of the matter, the Secretary, R.T.A., is directed to consider Ext.P3 and pass orders accordingly, at the earliest, at any rate, within a period two weeks from today.

This writ petition is disposed of accordingly. Sd/- K. HARILAL, JUDGE okb.