Abdul Salam vs The Regional Transport Authority
2023 Latest Caselaw 11235 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
     FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                       WP(C) NO. 35275 OF 2023
PETITIONER:

          ABDUL SALAM
          AGED 56 YEARS
          S/O ANDRU HAJI, KAVOOR HOUSE, NARIPPATTA .P.O.,
          VADAKARA ,KOZHIKODE, PIN - 673 506.

          BY ADV.
             SRI. PRASAD CHANDRAN



RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY,
          REPRESENTED BY ITS SECRETARY,
          MINI CIVIL STATION,VADAKARA ,
          KOZHIKODE,PIN - 673 104.

    2     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, VATAKARA,
          MINI CIVIL STATION VADAKARA , KOZHIKODE,
          PIN - 673 104.

    3     THE KERALA STATE ROAD TRANSPORT CORPORATION,
          REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
          FORT P. O., THRIVANATHAPURAM, PIN - 695 035.

          BY ADV.
             SRI. P. C. CHACKO - SC - KERALA STATE ROAD
                                      TRANSPORT CORPORATION
             SRI. S. GOPINATHAN - SR. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
      WP(C) NO. 35275 OF 2023

                                             2



                    DINESH KUMAR SINGH, J.
                             --------------------------
                         W.P.(C) No.35275 of 2023
                              -------------------------
                  Dated this the 27th day of October, 2023

                                   JUDGMENT

1. The present writ petition has been filed for the following

reliefs.

i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to re-issue temporary permit to the petitioner under Section 87(1)(d) of the Motor Vehicles Act by considering Exhibit P3 application on the route Kozhikode - Vilangad in respect of stage carriage Kl-18/W 3251, forthwith, in the interest of justice;

ii) to issue a writ mandamus or any other appropriate writ, direction or order directing the 1st respondent to reconsider the decision granting the renewal of regular permit as Ordinary service subject to further orders in the cases pending before this hon'ble cour in the interest of justice;

iii) to issue any other appropriate writ, direction or order which this Honourable Court deem fit in the circumstances of the case. WP(C) NO. 35275 OF 2023

2. The 2nd respondent is directed to consider and take decision

on Exhibit P-3 application in accordance with law as expeditiously

as possible, preferably within a period of one month after

providing an opportunity of hearing to all affected parties

including 3rd the respondent; Kerala State Road Transport

Corporation.

With the aforesaid direction, the present writ petition is

disposed of.

Sd/-

DINESH KUMAR SING JUDGE Svn WP(C) NO. 35275 OF 2023

APPENDIX OF WP(C) 35275/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PRESENT TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 26.10.2023 ALONG WITH TYPED COPY

EXHIBIT P2 A TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT DATED 21.08.2023 ALONG WITH TYPED COPY

EXHIBIT P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21.10.2023