Biju Sebastian vs The Secretary, Regional ...
2022 Latest Caselaw 10655 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                   WP(C) NO. 33675 OF 2022
PETITIONER:

          BIJU SEBASTIAN
          AGED 48 YEARS
          S/O. BENNY BAIJU, THEVALAKKARA HOUSE,
          IE NAGAR P.O., CHANGANASSERY,
          KOTTAYAM-686106.
          BY ADV K.V.GOPINATHAN NAIR

RESPONDENTS:

    1     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          IDUKKI, CIVIL STATION, KUYILIMALA,
          PAINAVU POST, IDUKKI-685603.
    2     THE DISTRICT TRANSPORT OFFICER,
          KERALA STATE ROAD TRANSPORT CORPORATION,
          KUMILY, K S R T C BUS STATION,
          KUMILY, IDUKKI-685509.
OTHER PRESENT:

          0
          SRI.V.K.SUNIL, SR.GP,
          SRI.DEEPU THANKAN, SC(KSRTC)


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.33675/2022

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.33675 of 2022
             ----------------------------------------------
           Dated this the 21st day of October, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to grant temporary permit to the petitioner on the modified route Changanassery - Kumily in respect of stage carriage KL-33/K 8242 by considering Exhibit.P4 application, forthwith, in the interest of justice.

ii. To issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case.

(SIC)

2. Petitioner is the holder of a regular permit to

operate service on the route Changanassery - Kattappana.

Since the route distance is 146 kms, the renewal application is

pending. In order to limit the route distance within 140 kms,

the petitioner submitted application for variation of permit by

curtailing the route as Changanassery - Kumily. Ext.P2 is the WP(C).No.33675/2022

application submitted for variation. In the meanwhile the

petitioner submitted Ext.P4 application for temporary permit

for continuing the service on the curtailed route. The

grievance of the petitioner is that Ext.P4 is not considered.

Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. I also heard the learned

Standing Counsel for the 2nd respondent.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1 st respondent to

consider Ext.P4 within two weeks.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to

consider and pass appropriate orders in

Ext.P4 application for temporary permit

on the modified route Changanassery -

Kumily in respect of stage carriage

bearing registration No.KL-33/K-8242,

after affording an opportunity of

hearing to the petitioner and the 2nd WP(C).No.33675/2022

respondent, as expeditiously as

possible, at any rate, within two weeks

from the date of receipt of a copy of this

judgment.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 WP(C).No.33675/2022





                 APPENDIX OF WP(C) 33675/2022


PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE REGULAR PERMIT.
Exhibit P2            TRUE COPY OF THE VARIATION APPLICATION
                      DATED 27.9.2022.
Exhibit P3            TRUE COPY OF THE TEMPORARY PERMIT
                      VALID TILL 3.10.2022.
Exhibit P4            TRUE COPY OF THE APPLICATION SUBMITTED

BY THE PETITIONER ON THE CURTAILED ROUTE DATED 27.9.2022.