K.M. Usama Riyalu vs The Regional Transport Authority
2024 Latest Caselaw 4526 Ker

Kerala High Court

K.M. Usama Riyalu vs The Regional Transport Authority on 6 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                 WP(C) NO. 4490 OF 2024
PETITIONER:

         K.M. USAMA RIYALU,
         AGED 52 YEARS,
         S/O K.M RIYALU,
         ILLATH SADAKATH, KACHERY,
         IRINJAPALAM P.O.,
         KOZHIKODE, PIN - 673006

         BY ADV PRASAD CHANDRAN


RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY,
         VATAKARA,
         REPRESENTED BY ITS SECRETARY,
         MINI CIVIL STATION,
         VATAKARA,
         KOZHIKODE, PIN - 673101

    2    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         VATAKARA, MINI CIVIL STATION,
         VATAKARA, KOZHIKODE, PIN - 673101

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.4490/2024
                               :2:




                         JUDGMENT

Dated this the 6th day of February, 2024

Petitioner submitted an application for renewal of

his Regular Permit on the route Thamarassery Chunkam-

Balussery-Koyilandy-Vatakara-Kannur-Parassinikadavu as

limited stop ordinary service. The application submitted by

the petitioner for renewal of permit is pending consideration

before the 1st respondent.

2. The petitioner has also submitted an application

for Temporary Permit under Section 87(1)(d) of the Motor

Vehicles Act, 1988. The 1st respondent is to consider

Ext.P1 application for renewal of permit and the 2 nd

respondent is the authority to issue Temporary Permit to the

petitioner. There is failure on the part of the 2 nd respondent

in performing his statutory duty in considering the

application for Temporary Permit for the immediate

operation of service. Hence, the petitioner has filed this writ

petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader representing the

respondents.

Taking into consideration the facts and

circumstances of the case, this writ petition is disposed of

directing the respondents to take up Ext.P3 and pass

appropriate orders thereon in accordance with law taking

into consideration the relevant aspects for issuance of

Temporary Permit under Section 87(1)(c) of the Motor

Vehicles Act, within a period of two weeks from the date of

receipt of a copy of this judgment.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 4490/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15.01.2024 Exhibit P2 A TRUE COPY OF THE COVERING LETTER SUBMITTED ALONG WITH APPLICATION DATED 15.01.2024 Exhibit P3 A TRUE COPY OF THE SAID TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 15.01.2024