Muhammed Musthafa T.V vs The Secretary, Regional ...
2022 Latest Caselaw 10906 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
   THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                      WP(C) NO. 35233 OF 2022
PETITIONER:

          MUHAMMED MUSTHAFA T.V
          AGED 39 YEARS
          S/O.ABDURAHIMAN, THAZHATHUVEETTIL HOUSE,
          VELLUR POST, POOKKOTTUR,
          PIN-676517, MALAPPURAM DISTRICT.

          BY ADV SAJU J.VALLYARA



RESPONDENT:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          MALAPPURAM,CIVIL STATION, MALAPPURAM.P.O,
          PIN-676505, MALAPPURAM DISTRICT.

          BY ADV.SRI.JIMMY GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.35233/2022                  2




                             JUDGMENT

The petitioner is the registered owner of a stage carriage

bearing No.KL-10/BE 1819. The competent authority i.e., Regional

Transport Authority issued a regular permit in respect of stage

carriage KL-10/Z-4856 vide Ext.P1 to operate on the route

Kizhissery-Morayoor, which is valid up to 7.11.2022.

2. It is contended that the petitioner has applied for a

regular permit on the route Morayoor - Kizhissery on the same

timing of the stage carriage bearing No.KL-10/Z-4856. Pending

consideration of the application for regular permit, the petitioner

applied for temporary permit, vide Ext.P3 dated 27.10.2022.

Petitioner prays for consideration of Ext.P3 application by re-issuing

temporary permit.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondent.

In the facts and circumstances of the case, there will be a

direction to the respondent to consider Ext.P3 application for

re-issuance of temporary permit in respect of the stage carriage of

the petitioner bearing No.KL-10/BE-1819 and pass appropriate

orders thereon in accordance with law, within a period of one

month from the date of receipt of a copy of this judgment.

Sd/-

AMIT RAWAL JUDGE csl

APPENDIX OF WP(C) 35233/2022

PETITIONER'S EXHIBITS

Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.

P.ST.10/641/2002 ISSUED BY THE RESPONDENT IN RESPECT OF STAGE CARRIAGE KL-10-Z-4856

Exhibit P2 PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO.KL2022-TEMP-9018B DATED 25.10.22 ISSUED TO THE PETITIONER'S STAGE CARRIAGE KL-10-BE-1819.

Exhibit P3 PHOTOCOPY OF THE APPLICATION FOR RE-ISSUE OF TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 27.10.2022.

Exhibit P4 PHOTOCOPY OF THE COVERING LETTER DATED 27.10.2022 SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT P-3 BEFORE THE RESPONDENT.