Kerala High Court
Safwan M vs The Secretary, Regional Transport ... 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. 16262 OF 2024
PETITIONER
SAFWAN M.
AGED 27 YEARS
S/O. HASSAN, MADHARI HOUSE, AREEKKAPALLIYALI,
VALIYORA P.O., VENGARA, THIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676304
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM
CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676505
SMT. THUSHARA JAMES-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.16262 Of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner's father was the holder of a Regular Permit in respect of stage carriage bearing registration No.KL-10R-6714 on the route Parappanangadi-Manjeri, which was valid upto 07.12.2018. While so, the permit holder expired intestate on 07.05.2018 and the application for death transfer was filed. Due to mechanical problems, the route bus is under continuous "G" Form and unfit to operate service. Therefore, the petitioner has applied for Temporary Permit and he was issued with Temporary Permit on the basis of the judgments of this Court.
2. Since the reissue was not granted, the petitioner was constrained to approach this Court and as per Ext.P1 judgment, he was issued with Temporary Permit, which is valid upto 25.04.2024. Before the expiry of Ext.P2, Ext.P3 application for re-issue of Temporary Permit was submitted, WP(C) No.16262 Of 2024 3 but the respondent has not so far taken any steps to consider the same.
3. Heard.
4. It is evident that Ext.P3 is an application for Temporary Permit, which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P3 in accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the respondent-Secretary, Regional Transport Authority to consider Ext.P3 application for Temporary Permit expeditiously and at any rate within a period of one month from the date of receipt of this judgment, in accordance with law, after giving opportunity of hearing to the affected parties, if any.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.16262 Of 2024 4 APPENDIX OF WP(C) 16262/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 9725/2024 DATED 12.03.2024 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P2 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. KL2024-TEMP-6917A ISSUED TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-08-BH-747 DATED 16.04.2024 Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION FOR RE-ISSUE OF 4 MONTHS TEMPORARY PERMIT ALONG WITH COVERING LETTER SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 17.04.2024