Tom Augusty vs The Secretary

Kerala High Court

Tom Augusty vs The Secretary on 24 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                         WP(C) NO. 18438 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

              SRI.SREEJITH V.S-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.18438 Of 2024
                               2




                           JUDGMENT

Dated this the 24th day of May, 2024 The petitioner is the registered owner of a Stage Carriage vehicle bearing registration No.KL-36-9190. The petitioner is at present operating on the basis of Temporary Permit and the same is valid till 28.05.2024.

2. The petitioner states that he 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 his stage carriage in the vacancy of the very same vehicle, which was having a Regular Permit on the route in question and which was surrendered. The route in question passes through interior areas of Kottayam District and the traveling public WP(C) No.18438 Of 2024 3 are put to difficulties.

3. The application was submitted before the expiry of the existing Permit and the Secretary, Regional Transport Authority assured that he will consider the same before the expiry of the existing Permit. But no orders are passed on the application for Temporary Permit submitted by the petitioner till this date. As per Rule 133(j) of the Kerala Motor Vehicles Rues, the Secretary, Regional Transport Authority is having delegatory powers to pass orders on the application for Temporary Permit. Unless the respondent considers Ext.P3 application of the petitioner, the petitioner and travelling public will be put to difficulties, contends the petitioner.

4. Heard.

5. 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 WP(C) No.18438 Of 2024 4 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 week, in accordance with law, after giving opportunity of hearing to the affected parties, if any.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.18438 Of 2024 5 APPENDIX OF WP(C) 18438/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP[C] NO.15707/2024 DATED 23.4.2024 Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT ISSUED DATED 15.5.2024 Exhibit P3 A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 20.5.2024