Safwan M vs The Secretary, Regional Transport ...

Citation : 2024 Latest Caselaw 18863 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Safwan M vs The Secretary, Regional Transport ... on 28 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                WP(C) NO. 23167 OF 2024
PETITIONER:

         SAFWAN M.
         AGED 27 YEARS, S/O. HASSAN,
         MADHARI HOUSE, AREEKKAPALLIYALI,
         VALIYORA P.O., VENGARA, THIRURANGADI,
         MALAPPURAM DISTRICT, PIN - 676 304.

         BY ADVS.
              SAJU J.VALLYARA
              MARIA ANGEL

RESPONDENT:

         THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         MALAPPURAM CIVIL STATION, MALAPPURAM P.O.,
         MALAPPURAM DISTRICT, PIN - 676 505.

         BY ADV
              S.GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.23167 of 2024
                                  :2:




                           JUDGMENT

Dated this the 28th day of June, 2024 The petitioner has approached this Court seeking the following relief:

Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Ext.P3 application by re-issuing four months Temporary Permit in respect of Stage Carriage KL-08BH- 0747 to operate on the route Parappanangadi-Manjeri in the place of Stage Carriage KL-10R-6714 in continuation of Ext.P2 Temporary Permit within a reasonable time limit to be fixed by this Hon'ble Court.

2. Grievance of the petitioner is that even though the validity of the existing Temporary Permit of his Stage Carriage is expiring on 04.07.2024 and an application for reissue of permit is already filed as evidenced by Ext.P3, the same is even now pending consideration. The limited prayer of the petitioner is for an expeditious disposal of Ext.P3 application.

After considering the materials placed on record and hearing the learned Counsel appearing for the petitioner as well as the learned Senior Government Pleader, the writ W.P.(C) No.23167 of 2024 :3: petition is disposed of directing the respondent to take up Ext.P3 application and pass appropriate orders on Ext.P3 application as expeditiously as possible and at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Until such time, the petitioner shall be permitted to continue the operations irrespective of the fact that the existing permit is expiring on 04.07.2024. The petitioner shall produce current records in respect of vehicle No.KL-10R-6714 before the Secretary, Regional Transport Authority, for consideration of the application.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.23167 of 2024 :4: APPENDIX OF WP(C) 23167/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 19643/2024 DATED 31.05.2024 OF THE HON'BLE HIGH COURT OF KERALA.

Exhibit P2 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. KL2024-TEMP-0857B ISSUED TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-08-BH-747 DATED 21.06.2024.

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 24.06.2024.