Abdul Sathar P vs The Secretary, Regional ...
2023 Latest Caselaw 2974 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                    WP(C) NO. 8588 OF 2023


PETITIONER/S:

          ABDUL SATHAR P.
          AGED 65 YEARS
          S/O YOUSAF HAJI, PERAYIL HOUSE,
          THADATHIL VALAVU, TIRURKKAD P.O.,
          PERINTHALMANNA, MALAPPURAM DISTRICT,
          PIN - 679321

          BY ADV SAJU J.VALLYARA


RESPONDENT/S:

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



          SRI. T.R. RENJITH, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 8588 of 2023                       2




                                      JUDGMENT

The petitioner herein is the registered owner of a stage carriage

bearing Registration No.KL-55-E-2882. He 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 P4 application for re-issue of 4 months temporary permit in respect of stage carriage KL-55-E-2882 to operate on the route Karulai-Manjeri Old Bus Stand in the vacancy of stage carriage KL-58-4055 and in continuation of Exhibit P-2 temporary permit, within a reasonable time limit to be fixed by this Hon'ble Court.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. The learned counsel appearing for the petitioner submitted that

the present permit is valid up to 21.03.2023.

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.

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

in any event, within a period of ten days 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.

d) Until orders are passed on Ext.P4, status quo shall be

maintained.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS

APPENDIX OF WP(C) 8588/2023

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE PHOTOCOPY OF THE COMMUNICATION VIDE NO.

SC2/10G/22/2021/KL-10 DATED 02.11.2022 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P2 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. KL2023-TEMP-5044A DATED 06.03.2023 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P3 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE R.T.A., MALAPPURAM HELD ON 29.08.2022 VIDE ITEM NO.23 Exhibit P4 TRUE PHOTOCOPY OF THE APPLICATION FOR RE-ISSUE OF 4 MONTHS TEMPORARY PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 07.03.2023 Exhibit P5 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 07.03.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH EXHIBIT P-4 APPLICATION.

RESPONDENT(S) EXHIBITS : NIL