Roshil vs The Secretary, Regional Transport ...
2024 Latest Caselaw 15428 Ker

Kerala High Court

Roshil vs The Secretary, Regional Transport ... on 5 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
      WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                         WP(C) NO. 20143 OF 2024
PETITIONER:

              ROSHIL
              AGED 40 YEARS, S/O SAVITHRI, ROSHIN NIVAS,
              KOLLARAT STREET, CHOMBALA, VATAKARA,
              KOZHIKODE DISTRICT, PIN - 673 308.

              BY ADV
                   K.V.GOPINATHAN NAIR


RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              VATAKARA, BADAGARA, VATAKARA, KOZHIKODE DISTRICT,
              PIN - 673 104.

              BY ADV
                   S.GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.20143 Of 2024
                                 2




                              JUDGMENT

Dated this the 5th day of June, 2024

The petitioner is the owner of Stage Carriage

KL-56F-5855. Owner of Stage Carriage KL-57M-5137 was

holder of a Regular Permit to operate service on the route

Vatakara-Thottilpalam issued by the respondent. The validity of

the said Regular permit was upto 23.10.2023. The said

operator discontinued the service and surrendered the permit.

2. The petitioner states that the stoppage of the said

regular service, which was operating with a settled set of

timings resulted in inconvenience and hardship to traveling

public including students, especially during this time of

reopening of schools and colleges. Hence, the petitioner filed

Ext.P2 application for Temporary Permit for the above service.

3. The respondent is statutorily bound to issue

Temporary Permit to the petitioner by considering Ext.P2 WP(C) No.20143 Of 2024

application. Unless the respondent considers and issues

Permit, the petitioner will be put to irreparable injury and

hardship, contended the counsel for the petitioner.

4. Heard.

5. It is evident that Ext.P2 is an application for

Temporary Permit, which has statutory support. Therefore, it is

necessary that the competent authority considers Ext.P2 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.P2 application for Temporary Permit submitted by

the petitioner expeditiously and at any rate within a period of

two weeks from the date of receipt of this judgment, in

accordance with law and after giving opportunity of hearing to

the affected parties, if any.

Sd/-

N.NAGARESH JUDGE AMR WP(C) No.20143 Of 2024

APPENDIX OF WP(C) 20143/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL-57/M 5137DATED 30.10.2021 VALID TILL 23.10.2026.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 03.03.2024.