K.V. Vibin v. Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 39233 of 2015 (D) ---------------------------- PETITIONER:

------------------ K.V. VIBIN, S/O. VASU, KRISHNA NIVAS, KARINJALIPALLAM, MANCHIRA, CHITTUR, PALAKKAD.

BY ADVS.SRI.P.SANTHOSH KUMAR (TR) SRI.T.P.SAJAN RESPONDENTS:

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

REGIONAL TRANSPORT AUTHORITY, PALAKKAD REPRESENTED BY ITS SECRETARY, PALAKKAD PIN 678 001.

2.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD 678 001.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 39233/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE PROCEEDINGS OF THE MEETING OF THE RTA HELD ON 12.08.2014.

EXHIBIT P2 :

TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 14.12.2015.

EXHIBIT P3 :

TRUE COPY OF THE CHELLAN RECEIPT DATED 14.12.2015. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE.

ncd

V.CHITAMBARESH, J.

--------------------- W.P (C) No.39233 of 2015 --------------------- Dated this the 22nd day of December, 2015

J U D G M E N T

The regular permit granted to the petitioner under Ext.P1 proceedings has not hitherto been issued after settlement of timings. The petitioner has in the mean while filed Ext.P2 application for temporary permit.

2. The temporary need set forth by the petitioner cannot be disputed for the following two reasons:

i) The regular permit has already been granted to the petitioner to operate the service.

ii) The Sabarimala season for the ensuing Makaravilakku Festical cannot also be overlooked.

3. I direct the second respondent to consider Ext.P2 application with notice to the petitioner within a period of two weeks.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/23.12.15