Aneesh P.D vs The Secretary
2024 Latest Caselaw 11050 Ker

Kerala High Court

Aneesh P.D vs The Secretary on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                WP(C) NO. 15356 OF 2024
PETITIONER:

         ANEESH P.D
         AGED 44 YEARS, S/O DASAN,
         PUTHANPURAKKAL HOUSE,
         ELAMKUNNAPUZHA PO, ELAMKUNNAPUZHA,
         ERNAKULAM, PIN - 682503.

         BY ADV PRASAD CHANDRAN


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY,
         ERNAKULAM REGIONAL TRANSPORT OFFICE,
         ERNAKULAM, PIN - 682030.

         BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.15356 of 2024

                                         :2:




                              JUDGMENT

Dated this the 12th day of April, 2024

The petitioner states that the route Aluva -

Thoppumpadi, an intra-district route within Ernakulam District

alone was operated with vehicle No.KL-17/B-635. The

Regular Permit holder is not operating the Regular Permit,

while the route is an ill served one. The petitioner is the

owner of a tax paid idle vehicle No.KL-42/R-6101.

2. The petitioner has filed an application for grant

and issue of Temporary Permit for the vehicle

No.KL-42/R-6101 in place of KL-17/B-635 till that route bus

resumes service. The route passes through ill-served rural

areas and there are several institutions situated on the line of

route and the operation of service will be highly beneficial to

the traveling public. Now, the service has come to an abrupt

stop and public are suffering for want of service.

3. The non-operation of original service is a particular

temporary need as contemplated under section 87(1)(C) of

the Motor Vehicles Act and considering the public interest,

the Secretary, RTA has to issue the Temporary Permit to the

petitioner, it being a route within Ernakulam District alone.

But, the Secretary, Regional Transport Authority is not taking

any action on Exhibit P1 application.

4. Heard.

5. It is evident that Ext.P1 is an application for

substitute 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 to consider Ext.P1 application for substitute

Temporary Permit if it is received and pending and take

appropriate decision thereon within a period of two weeks in

accordance with law, after giving opportunity of hearing to the

affected parties.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 15356/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 14.3.2024 ON THE ROUTE ALUVA - THOPPUMPADI FOR THE VEHICLE KL 42/R 6101, IN PLACE OF KL 17/B 635