Kerala High Court
Aneesh P.D vs The Secretary on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 15356 OF 2024
PETITIONER:
ANEESH P.D
AGED 44 YEARS, S/O DASAN,
PUTHANPURAKKAL HOUSE,
ELAMKUNNAPUZHA PO, ELAMKUNNAPUZHA,
ERNAKULAM, PIN - 682503.
BY ADV PRASAD CHANDRAN
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM REGIONAL TRANSPORT OFFICE,
ERNAKULAM, PIN - 682030.
BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15356 of 2024
:2:
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner states that the route Aluva - Thoppumpadi, an intra-district route within Ernakulam District alone was operated with vehicle No.KL-17/B-635. The Regular Permit holder is not operating the Regular Permit, while the route is an ill served one. The petitioner is the owner of a tax paid idle vehicle No.KL-42/R-6101.
2. The petitioner has filed an application for grant and issue of Temporary Permit for the vehicle No.KL-42/R-6101 in place of KL-17/B-635 till that route bus resumes service. The route passes through ill-served rural areas and there are several institutions situated on the line of W.P.(C)No.15356 of 2024 :3: route and the operation of service will be highly beneficial to the traveling public. Now, the service has come to an abrupt stop and public are suffering for want of service.
3. The non-operation of original service is a particular temporary need as contemplated under section 87(1)(C) of the Motor Vehicles Act and considering the public interest, the Secretary, RTA has to issue the Temporary Permit to the petitioner, it being a route within Ernakulam District alone. But, the Secretary, Regional Transport Authority is not taking any action on Exhibit P1 application.
4. Heard.
5. It is evident that Ext.P1 is an application for substitute Temporary Permit which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P1 in accordance with law within a reasonable time.
W.P.(C)No.15356 of 2024:4:
The writ petition is therefore disposed of directing the respondent to consider Ext.P1 application for substitute Temporary Permit if it is received and pending and take appropriate decision thereon within a period of two weeks in accordance with law, after giving opportunity of hearing to the affected parties.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.15356 of 2024 :5: APPENDIX OF WP(C) 15356/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 14.3.2024 ON THE ROUTE ALUVA - THOPPUMPADI FOR THE VEHICLE KL 42/R 6101, IN PLACE OF KL 17/B 635