Suhara Aboobacker vs The Secretary
2023 Latest Caselaw 9496 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
                         WP(C) NO. 29130 OF 2023
PETITIONER:

              SUHARA ABOOBACKER
              AGED 46 YEARS
              VEETTILAVALAPPIL HOUSE, PUNNAYURKULAM P.O., THRISSUR,
              PIN - 679561.

              BY ADV I.DINESH MENON

RESPONDENT:

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

              SRI.RAJEEV JYOTHISH GEORGE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29130 OF 2023                2


                                        JUDGMENT

The petitioner is the holder of a temporary permit on the route Ponnani -

Kunnamkulam, which is valid till 5.09.23. She states that the permit was issued

to do substituted service in place of stage carriage bearing No. KL 54-4100.

Since the holder of the basic permit has not resumed service, the Petitioner

applied for a temporary permit to operate from 6.9.2023 by filing Exhibit P2

application. According to the Petitioner, as and when the basic permit holder

resumes operation, the petitioner shall stop the operation on the strength of

the temporary permit.

2. I have heard the learned counsel appearing for the petitioner and the

learned Government Pleader.

3. Having regard to the facts and circumstances and the submissions

made across the bar, without expressing any opinion on the merits of Exhibit P2

application, this petition is disposed of directing the respondent to consider

Ext.P2 application for a temporary permit in accordance with law and subject to

the preferential claim of the regular permit holder, as expeditiously as possible,

at any rate, within a period of two weeks from the date of receipt of a copy of

this judgment.

Till such time, the status quo as regards Ext.P1, shall be maintained.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 29130/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER DATED 12.5.2023 VALID TILL 05.9.2023.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT 01.09.2023.

Exhibit P3 TRUE COPY OF ONE SUCH JUDGMENT IN WP[C] NO.25758/2022 DATED 11.08.2022.