Kerala High Court
Tom Augusty vs The Secretary on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15707 OF 2024
PETITIONER:
TOM AUGUSTY
AGED 47 YEARS
SON OF AUGUSTY,
ALANCHERIL HOUSE,
PADINJATTUMBHAGOM,
ATHIRAMPUZHA P.O.,
KOTTAYAM, PIN - 686562.
BY ADV LAVARAJ M.G.
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
KOTTAYAM, PIN - 686002
BY ADV.SRI. AJITH VISWANATHAN,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15707 of 2024
:2:
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner is the registered owner of a Stage Carriage vehicle No.KL-36-9190. The petitioner is an unemployed person who has purchased the vehicle after incurring financial liabilities. The petitioner is at present operating on the basis of Temporary Permit and the same is valid till 08.04.2024. The petitioner preferred an application for Temporary Permit on the Intra District route Vaikom - Kottayam via Thalayolaparambu, Kaduthuruthy, Muttuchira, Ayamkudy, Kallara, Neendoor, Kaipuzha, Mannanam, Medical College, Gandhinagar, and Kumaranellur as ordinary service, in respect of Stage Carriage No.KL-36-9190 in the vacancy of the very same vehicle, which was having a W.P.(C)No.15707 of 2024 :3: Regular Permit on the route in question and surrendered the permit.
2. The route in question passes through interior areas of Kottayam District and in view of lack of service, the travelling public are put to difficulties. The application was submitted before the expiry of the existing permit and the Secretary, RTA assured that he will consider the same before expiry of the existing permit. But, no orders are passed on the application for Temporary Permit submitted by the petitioner till this date. There is urgent temporary need on the route in question in the light of festival season and also due to summer vacation.
3. As per Rule 133(j) of the Kerala Motor Vehicles, Rules, the Secretary , Regional Transport Authority is having delegatory powers to pass orders on the application for Temporary Permit. By non-granting of Temporary Permit to W.P.(C)No.15707 of 2024 :4: the petitioner, not only the petitioner but also the travelling public will be put to difficulties, contends the Counsel for the petitioner.
4. The petitioner submits that as per the Kerala Motor Vehicles Rules, 1989, the Secretary, Regional Transport Authority is having delegatory powers to pass orders on the application for Temporary Permit. By the non- granting of Temporary Permit to the petitioner, not only the petitioner but also the travelling public will be put to difficulties.
5. Government Pleader entered appearance on behalf of the respondent and resisted the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition. However, on behalf of the respondent, it is submitted that if Ext.P3 application in respect of Temporary Permit is received and pending, it can W.P.(C)No.15707 of 2024 :5: be considered by the competent authority in accordance with law within a reasonable time.
In view of the above, the writ petition is disposed of directing the respondent-Secretary, Regional Transport Authority to consider Ext.P3 application for Temporary Permit submitted by the petitioner and pass appropriate orders thereon within a period of one month.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.15707 of 2024 :6: APPENDIX OF WP(C) 15707/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP[C] NO.3068/2024 DATED 25.01.2024.
Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT ISSUED DATED 16.3.2024.
Exhibit P3 A TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT SUBMITTED BY THE
PETITIONER DATED 06.04.2024.