Kerala High Court
Safwan M vs The Secretary, Regional Transport ... 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. 16262 OF 2024
PETITIONER
SAFWAN M.
AGED 27 YEARS
S/O. HASSAN, MADHARI HOUSE, AREEKKAPALLIYALI,
VALIYORA P.O., VENGARA, THIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676304
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM
CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676505
SMT. THUSHARA JAMES-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.16262 Of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024
The petitioner's father was the holder of a Regular
Permit in respect of stage carriage bearing registration
No.KL-10R-6714 on the route Parappanangadi-Manjeri, which
was valid upto 07.12.2018. While so, the permit holder
expired intestate on 07.05.2018 and the application for death
transfer was filed. Due to mechanical problems, the route bus
is under continuous "G" Form and unfit to operate service.
Therefore, the petitioner has applied for Temporary Permit
and he was issued with Temporary Permit on the basis of the
judgments of this Court.
2. Since the reissue was not granted, the petitioner
was constrained to approach this Court and as per Ext.P1
judgment, he was issued with Temporary Permit, which is
valid upto 25.04.2024. Before the expiry of Ext.P2, Ext.P3
application for re-issue of Temporary Permit was submitted,
WP(C) No.16262 Of 2024
but the respondent has not so far taken any steps to consider
the same.
3. Heard.
4. It is evident that Ext.P3 is an application for
Temporary Permit, which has statutory support. Therefore, it
is necessary that the competent authority considers Ext.P3 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.P3 application for Temporary Permit
expeditiously and at any rate within a period of one month
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
hmh
WP(C) No.16262 Of 2024
APPENDIX OF WP(C) 16262/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.
(C) NO. 9725/2024 DATED 12.03.2024 OF
THE HON'BLE HIGH COURT OF KERALA
Exhibit P2 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT
VIDE NO. KL2024-TEMP-6917A ISSUED TO
THE PETITIONER IN RESPECT OF STAGE
CARRIAGE KL-08-BH-747 DATED 16.04.2024
Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION FOR
RE-ISSUE OF 4 MONTHS TEMPORARY PERMIT
ALONG WITH COVERING LETTER SUBMITTED
BY THE PETITIONER BEFORE THE
RESPONDENT ON 17.04.2024
