Smt. Jalaja vs The Secretary, Regional Transport ...
2023 Latest Caselaw 13724 Ker

Kerala High Court

Smt. Jalaja vs The Secretary, Regional Transport ... on 26 December, 2023

W.P.C.No.44148/23                        1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
                      WP(C) NO. 44148 OF 2023
PETITIONER/S:

            SMT.JALAJA,
            AGED 52 YEARS,
            W/O.SREEKUMAR, PRASANTH HOUSE, THAMBANANGADI,
            PANDIKKAD P.O., MALAPPURAM DISTRICT, PIN - 676
            521.

            BY ADV.SAJU J.VALLYARA



RESPONDENT:

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


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.12.2023,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C.No.44148/23                             2

                                   JUDGMENT

The petitioner has approached this Court seeking the

following reliefs:

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Exhibit P2 application for re-issue of 4 months temporary permit in respect of stage carriage KL-10-BC-759 to operate on the route Pandikkad-Thuvvur-Melattur in the vacancy of stage carriage KL-10-S-7728 in continuation of Exhibit P1 temporary permit, within a reasonable time limit to be fixed by this Hon'ble Court;

(ii) Grant such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case."

2. Grievance of the petitioner is that, even though the

validity of the existing temporary permit is expiring on

27.12.2023 and an application for re-issue of the said permit is

already filed as evidenced by Ext.P2, the same is even now

pending consideration. The limited prayer sought is for an

expeditious disposal of Ext.P2 application.

After considering the materials placed on record and

hearing the learned counsel for the petitioner as well as the

learned Government Pleader, I am of the view that this writ

petition can be disposed of directing the respondent to take up

Ext.P2 application and pass appropriate orders on Ext.P2

application as expeditiously as possible, 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 operation irrespective of the fact that the existing

permit is expiring on 27.12.2023.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/26.12.23

APPENDIX OF WP(C) 44148/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. KL2023-TEMP-6116C DATED 14.12.2023 ISSUED BY THE RESPONDENT TO THE PETITIONER

Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION FOR RE-ISSUE OF 4 MONTHS TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 22.12.2023

Exhibit P3 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 22.12.2023 SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT P-2 BEFORE THE RESPONDENT

Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 7491/2023 DATED 07.03.2023 OF THE HON'BLE HIGH COURT OF KERALA