Kerala High Court
Gopidas vs The Secretary on 5 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 13864 OF 2024
PETITIONER:
GOPIDAS
AGED 58 YEARS
SON OF KUNJAPPAN, SYAMALALAYAM,
KALLARA P.O., KOTTAYAM, PIN - 686611
BY ADV LAVARAJ M.G.
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KOTTAYAM, PIN - 686602
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.13864 of 2024
2
JUDGMENT
Dated this the 5th day of April, 2024
Petitioner states that he is the registered owner of a
Stage Carriage bearing registration No.KL-17A-9725, which is
a 2004 Model tax paid vehicle. The petitioner is an
unemployed person, who has purchased the vehicle after
incurring many financial liabilities. At present, the vehicle is
not covered by any permit, either temporary or regular. The
petitioner preferred an application for Regular Permit on the
route Kaipuzhamuttu- Ramapuram via Bund Road,
Idayazham, Kallara, Kuruppanthara, Kuravilangad, Kozha,
Mannakkanad, Kurichithalam, Uzhavoor, Parathode,
Koodappala and Amanakara as ordinary service.
2. The Regular Permit application was enquired
through field officers. It seems that report was submitted and
is ready for consideration. In the meantime, Lok Sabha
Election was declared and the model code of conduct came
into force and hence, no RTA meeting will be convened till the
election process is over. The petitioner submitted that the
route in question is an intra-district route, within the jurisdiction
of RTA, Kottayam. The route in question passes through
interior areas, wherein there is no adequate travelling
facilities. There is an urgent temporary need in the light of
festival seasons and summer vacation.
3. In the said circumstances, the petitioner preferred
an application for Temporary Permit. A clash free timings is
also submitted along with the application for Temporary
Permit. The limited prayer in the writ petition is for a direction
to consider Ext.P1 application for Temporary Permit submitted
by the petitioner and grant the same, if there is no other legal
impediment within a time frame.
4. Heard.
5. It is evident that Ext.P1 is an application for
Temporary Permit, which has statutory support. Therefore, it
is necessary that the competent authority considers Ext.P1 in
accordance with law within a reasonable time.
The writ petition is therefore disposed of directing the
respondent-Secretary, Regional Transport Authority to
consider Ext.P1 application for Temporary Permit in the next
Regional Transport Authority Board meeting itself positively or
at any rate within a period of three weeks from the date of
receipt of this judgment, in accordance with law, after giving
opportunity of hearing to the affected parties, if any.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 13864/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT SUBMITTED BY THE
PETITIONER DATED 30.3.2024 ALONG WITH
COVERING LETTER AND PROPOSED TIMINGS
