WP(C) No.17727/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
WP(C) NO. 17727 OF 2022
PETITIONER:
ABOOBACKER P., AGED 60 YEARS, S/O.KOMU HAJI, PARAMMAL HOUSE,
VATTALOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT.
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL
STATION, MALAPPURAM P.O., PIN - 676 505, MALAPPURAM DISTRICT.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to grant an interim direction to the respondent to re-issue 20
days substitute temporary permits to the petitoner in respect of stage
carriage KL-09-M-4201 on the route Malappuram Spinning Mill-
Perinthalmanna-Kalathilakkare-Valambur-Oradampalam-Kakkooth in the place
of Kl-10-S-3205 till the consideration of Exhibit P-4 application.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
Sri. SAJU J.VALLYARA Advocate for the petitioner and of GOVERNMENT PLEADER
for the respondent, the court passed the following:
WP(C) No.17727/2022 2/5
AMIT RAWAL, J.
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WPC.No.17727 of 2022
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Dated this the 1st day of June, 2022
ORDER
This is the third case wherein grievance has been espoused against the inaction of the Regional Transport Authority (RTA), Malappuram during the course of the day. Application was submitted for renewal of permit which expired on 15.12.2021 for plying vehicle bearing No.KL-09-M-4201. Since the application was pending and no action was taken, the petitioner was constrained to approach this Court vide W.P.(C).No.29564/2021. This Court vide judgment dated 20.12.2021 directed the RTA, Malppuram, to decide the application for renewal of the permit and till such time, status quo order was issued with regard to operation of the stage carriage.
2. Learned counsel for the petitioner submits the petitioner was constrained to apply for the temporary permit pending application before renewal of the permit which was issued on 03.02.2022 valid upto 02.06.2022, Ext.P3. Since no action has been taken on the application for renewal of permit, has submitted a fresh application Ext.P4 for issuance of a temporary certificate on WP(C) No.17727/2022 3/5 WPC.No.17727 of 2022 2 03.06.2022 for a period of four months on 21.05.2022 ,which is still pending adjudication.
3. Issue notice before admission. Learned Government Pleader takes notice for the respondent.
4. This Court is of the view that the RTA, Malppuram has adopted a most tardy and lackadaisical approach in entertaining the application for issuance of temporary permits, new permits and renewal of permits, impelling the petitioner to approach this Court for vindication of the grievance. In other words, this Court is being flooded on account of the inaction of the RTA being the third case during the day. I, thus, deem it appropriate to call the RTA, Malappuram to appear in this Court on 03.06.2022 and submit an explanation as to how many applications for issuance of new permits, renewal of permits, temporary permits, change of route of permits or any other are pending before him for passing orders thereon. In case, this Court finds the explanation not worthy this court will be constrained to impose costs to be recovered from his salary.
5. As an interim measure, the temporary permit already issued is ordered to continue for another period of four WP(C) No.17727/2022 4/5 WPC.No.17727 of 2022 3 (4) months till the application dated 21.05.2022 Ext.P4 is entertained and order is passed or an order on the application for renewal of the permit is passed.
Post on 03.06.2022.
H/O Sd/-
AMIT RAWAL, JUDGE
naksa
01-06-2022 /True Copy/ Assistant Registrar
WP(C) No.17727/2022 5/5
APPENDIX OF WP(C) 17727/2022
Exhibit P3 PHOTOCOPY OF THE TEMPORARY PERMIT ISSUED TO THE
PETITIONER IN RESPECT OF STAGE CARRIAGE KL-09-M-4201. Exhibit P4 PHOTOCOPY OF THE APPLICATION FOR 4 MONTHS TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21/05/2022.