Vipin .N.K vs The Secretary
2023 Latest Caselaw 3168 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                   WP(C) NO. 9998 OF 2023
PETITIONER:

          VIPIN .N.K.
          AGED 36 YEARS
          S/O. PAVITHRAN K, NHANDADIYIL, KANNAVAM PO,
          THALASSERY, PIN - 670650.

          BY ADV K.V.GOPINATHAN NAIR

RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY, KOZHIKODE,
          CIVIL STATION, MALAPARAMBA, KOZHIKODE, PIN - 673020.



          SRI.T R RENJITH, SR GP


     THIS WRIT PETITION     (CIVIL) HAVING COME UP      FOR
ADMISSION ON 23.03.2023,    THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.9998 of 2023                  2




                                     JUDGMENT

The petitioner is the holder of a regular permit to operate service

on the route Palakkad - Kozhikode - Suthan Bathery. According to the

petitioner, he was issued a temporary permit which is valid up to

20.03.2023. Even prior to the expiry of the temporary permit, Ext.P2

application for re-issuance of a temporary permit to maintain the service

on the restricted route was submitted. The grievance of the petitioner is

that no orders have been passed. It is in the afore circumstances that this

writ petition is filed seeking the following relief:-

(i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to grant reissue of temporary permit under Section 87(1) (d) by considering Ext.P2 application limiting the route as Palakkad - Kozhikode which is less than 140 kms and to permit the petitioner to maintain the service on the said route till orders are passed on Exhibit P2 application, in the interest of justice.

2. The learned Government Pleader submitted that if Ext.P2

application is pending, appropriate orders will be passed by the

Competent Authority in accordance with the law.

In that view of the matter, this writ petition is disposed of directing

the competent authority to consider Ext.P2 application for issuance of

temporary permit and pass orders expeditiously, in any event, within two

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

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sru

APPENDIX OF WP(C) 9998/2023

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE PRESENT TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 20.3.2023 DATED 21/11/2022.

Exhibit -P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR REISSUE OF TEMPORARY PERMIT LIMITING THE ROUTE RESTRICTING 140 KMS AS PALAKKAD-KOZHIKODE DATED 16.3.2023.

Exhibit -P 3 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER ALONG WITH EXHIBIT.P2 DATED 16.3.2023.

RESPONDENTS EXHIBITS : NIL