Kerala High Court
Aboobacker P vs The Secretary on 1 June, 2022
WP(C) No.17727/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 1st day of June 2022 / 11th Jyaishta, 1944
WP(C) NO. 17727 OF 2022
PETITIONER:
ABOOBACKER P., AGED 60 YEARS, S/O.KOMU HAJI, PARAMMAL HOUSE,
VATTALOOR P.O., PERINTHALMANNA, MALAPPURAM DISTRICT.
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL
STATION, MALAPPURAM P.O., PIN - 676 505, MALAPPURAM DISTRICT.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to grant an interim direction to the respondent to re-issue 20
days substitute temporary permits to the petitoner in respect of stage
carriage KL-09-M-4201 on the route Malappuram Spinning Mill-
Perinthalmanna-Kalathilakkare-Valambur-Oradampalam-Kakkooth in the place
of Kl-10-S-3205 till the consideration of Exhibit P-4 application.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
Sri. SAJU J.VALLYARA Advocate for the petitioner and of GOVERNMENT PLEADER
for the respondent, the court passed the following:
WP(C) No.17727/2022 2/5
AMIT RAWAL, J.
=================
WPC.No.17727 of 2022
=====================
Dated this the 1st day of June, 2022
ORDER
This is the third case wherein grievance has been espoused
against the inaction of the Regional Transport Authority (RTA),
Malappuram during the course of the day. Application was
submitted for renewal of permit which expired on 15.12.2021 for
plying vehicle bearing No.KL-09-M-4201. Since the application was
pending and no action was taken, the petitioner was constrained to
approach this Court vide W.P.(C).No.29564/2021. This Court vide
judgment dated 20.12.2021 directed the RTA, Malppuram, to decide
the application for renewal of the permit and till such time, status
quo order was issued with regard to operation of the stage carriage.
2. Learned counsel for the petitioner submits the petitioner
was constrained to apply for the temporary permit pending
application before renewal of the permit which was issued on
03.02.2022 valid upto 02.06.2022, Ext.P3. Since no action has been
taken on the application for renewal of permit, has submitted a fresh
application Ext.P4 for issuance of a temporary certificate on
WP(C) No.17727/2022 3/5
WPC.No.17727 of 2022
03.06.2022 for a period of four months on 21.05.2022 ,which
is still pending adjudication.
3. Issue notice before admission. Learned Government
Pleader takes notice for the respondent.
4. This Court is of the view that the RTA, Malppuram has
adopted a most tardy and lackadaisical approach in
entertaining the application for issuance of temporary permits,
new permits and renewal of permits, impelling the petitioner to
approach this Court for vindication of the grievance. In other
words, this Court is being flooded on account of the inaction of
the RTA being the third case during the day. I, thus, deem it
appropriate to call the RTA, Malappuram to appear in this Court
on 03.06.2022 and submit an explanation as to how many
applications for issuance of new permits, renewal of permits,
temporary permits, change of route of permits or any other
are pending before him for passing orders thereon. In case,
this Court finds the explanation not worthy this court will be
constrained to impose costs to be recovered from his salary.
5. As an interim measure, the temporary permit
already issued is ordered to continue for another period of four
WP(C) No.17727/2022 4/5
WPC.No.17727 of 2022
(4) months till the application dated 21.05.2022 Ext.P4 is
entertained and order is passed or an order on the application
for renewal of the permit is passed.
Post on 03.06.2022.
H/O
Sd/-
AMIT RAWAL, JUDGE
naksa
01-06-2022 /True Copy/ Assistant Registrar
WP(C) No.17727/2022 5/5
APPENDIX OF WP(C) 17727/2022
Exhibit P3 PHOTOCOPY OF THE TEMPORARY PERMIT ISSUED TO THE
PETITIONER IN RESPECT OF STAGE CARRIAGE KL-09-M-4201.
Exhibit P4 PHOTOCOPY OF THE APPLICATION FOR 4 MONTHS TEMPORARY
PERMIT SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT DATED 21/05/2022.
