Lajima P.M vs The Secretary, Regional ...
2023 Latest Caselaw 2001 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                    WP(C) NO. 3708 OF 2023
PETITIONER:

          LAJIMA P.M.
          AGED 45 YEARS
          W/O AJAYAKUMAR, PADINJARE VADAKKEDATH HOUSE, MADAPALLI
          COLLEGE P.O., VADAKARA, KOZHIKODE DISTRICT,
          PIN - 673102
          BY ADV SAJU J.VALLYARA


RESPONDENT:

           THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
           VADAKARA, CIVIL STATION, KOZHIKODE DISTRICT,
           PIN - 673101
OTHER PRESENT:

          SRI T.R RENJITH SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3708 OF 2023
                                               2


                                        JUDGMENT

This writ petition is file seeking the following relief:

i) issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider and dispose of Exhibit P-4 application for 4 months temporary permit in respect of stage carriage KL-18-R-5664 to operate on the route Kozhikode - Kannur as Limited Stop Ordinary Service in the place of stage carriage KL-18-R-9923 within a reasonable time limit to be fixed by this Hon'ble Court;

2. Sri. Saju. J. Vallyara, the learned counsel appearing for the

petitioner, submits that the petitioner has submitted Ext.P4 application

for a temporary permit, and his grievance is that no action has been

taken.

3. I have heard the learned Government Pleader.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) There will be a direction to the respondent to take up,

consider and pass appropriate orders on Ext. P4 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein and other affected parties, if

any.

WP(C) NO. 3708 OF 2023

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

SAAP WP(C) NO. 3708 OF 2023

APPENDIX OF WP(C) 3708/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-18-R 9923 DATED 14.10.2016

Exhibit P2 TRUE PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P-1 PERMIT SUBMITTED BY THE PETITIONER BEFORE THE REGIONAL TRANSPORT AUTHORITY, VADAKARA DATED 25.09.2015

Exhibit P3 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. 18/463/2018 DATED 02.011.2018 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-18-R 9923

Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION FOR 4 MONTHS TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 23.01.2023 IN RESPECT OF STAGE CARRIAGE KL-18-R-5664 IN THE PLACE OF KL-18-R 9923