Kerala High Court
Tom Augusty vs The Secretary on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15707 OF 2024
PETITIONER:
TOM AUGUSTY
AGED 47 YEARS
SON OF AUGUSTY,
ALANCHERIL HOUSE,
PADINJATTUMBHAGOM,
ATHIRAMPUZHA P.O.,
KOTTAYAM, PIN - 686562.
BY ADV LAVARAJ M.G.
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
KOTTAYAM, PIN - 686002
BY ADV.SRI. AJITH VISWANATHAN,
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15707 of 2024
:2:
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner is the registered owner of a Stage
Carriage vehicle No.KL-36-9190. The petitioner is an
unemployed person who has purchased the vehicle after
incurring financial liabilities. The petitioner is at present
operating on the basis of Temporary Permit and the same is
valid till 08.04.2024. The petitioner preferred an application
for Temporary Permit on the Intra District route Vaikom -
Kottayam via Thalayolaparambu, Kaduthuruthy, Muttuchira,
Ayamkudy, Kallara, Neendoor, Kaipuzha, Mannanam,
Medical College, Gandhinagar, and Kumaranellur as ordinary
service, in respect of Stage Carriage No.KL-36-9190 in the
vacancy of the very same vehicle, which was having a
Regular Permit on the route in question and surrendered the
permit.
2. The route in question passes through interior
areas of Kottayam District and in view of lack of service, the
travelling public are put to difficulties. The application was
submitted before the expiry of the existing permit and the
Secretary, RTA assured that he will consider the same before
expiry of the existing permit. But, no orders are passed on
the application for Temporary Permit submitted by the
petitioner till this date. There is urgent temporary need on the
route in question in the light of festival season and also due
to summer vacation.
3. As per Rule 133(j) of the Kerala Motor Vehicles,
Rules, the Secretary , Regional Transport Authority is having
delegatory powers to pass orders on the application for
Temporary Permit. By non-granting of Temporary Permit to
the petitioner, not only the petitioner but also the travelling
public will be put to difficulties, contends the Counsel for the
petitioner.
4. The petitioner submits that as per the Kerala
Motor Vehicles Rules, 1989, the Secretary, Regional
Transport Authority is having delegatory powers to pass
orders on the application for Temporary Permit. By the non-
granting of Temporary Permit to the petitioner, not only the
petitioner but also the travelling public will be put to
difficulties.
5. Government Pleader entered appearance on
behalf of the respondent and resisted the writ petition. The
Government Pleader denied all the allegations made by the
petitioner in the writ petition. However, on behalf of the
respondent, it is submitted that if Ext.P3 application in
respect of Temporary Permit is received and pending, it can
be considered by the competent authority in accordance with
law within a reasonable time.
In view of the above, the writ petition is disposed of
directing the respondent-Secretary, Regional Transport
Authority to consider Ext.P3 application for Temporary Permit
submitted by the petitioner and pass appropriate orders
thereon within a period of one month.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 15707/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP[C]
NO.3068/2024 DATED 25.01.2024.
Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT
ISSUED DATED 16.3.2024.
Exhibit P3 A TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT SUBMITTED BY THE
PETITIONER DATED 06.04.2024.
