K.C.Moideen Kutty vs The Secretary (Rto)
2024 Latest Caselaw 15484 Ker

Kerala High Court

K.C.Moideen Kutty vs The Secretary (Rto) 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. 17431 OF 2024
PETITIONER:

         K.C.MOIDEEN KUTTY,
         AGED 69 YEARS,
         S/O.POCKER,
         NOUSHEE'S MANZIL OMANUR,
         MALAPPURAM DISTRICT, PIN - 673645

         BY ADVS.
         G.HARIHARAN
         PRAVEEN.H.
         K.S.SMITHA
         B.R.SINDU
         V.R.SANJEEV KUMAR
         V.ROHITH
         AFNA V.P.


RESPONDENTS:

    1    THE SECRETARY (RTO),
         REGIONAL TRANSPORT AUTHORITY,
         MALAPPURAM DISTRICT,
         PIN - 676505
    2    REGIONAL TRANSPORT AUTHORITY,
         MALAPPURAM,
         REPRESENTED BY ITS SECRETARY,
         PIN - 676505
    3    THE TRANSPORT COMMISSIONER,
         TRANS TOWER, VAZUTHACAUD,
         THIRUVANANTHAPURAM,
         PIN - 695014
    4    STATE OF KERALA,
         REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT TRANSPORT DEPARTMENT,
         SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN - 695001
 W.P.(C) No.17431/2024
                            :2:


*ADDL.5 K.P NAZAR,
        S/O MUHAMMED,
        AGED 47 YEARS,
        KUZHIPALLI MEETHAL HOUSE,
        PUTHUR MADAM PATHEERANKAVU P.O,
        KOZHIKODE.
*ADDL.6 ABDUL MUNEER V.P.,
        S/O MOIDHEENKUNJI,
        VIRUPPIL, POTTAMMAL HOUSE,
        VELLIPARAMBA, KUTTIKKATTOOR,
        KOZHIKODE.
*ADDL.7 RASHEED,
        S/O AHAMMED KUTTY,
        KUCHIKANDATHIL HOUSE,
        MUNDUNUZHI,VAZHAKKAD P.O.,
        MALAPPURAN.
*ADDL.8 MUHAMMED MUSTHAFFA K.,
        S/O MOIDHEEN KOYA,
        FAREEDA MANZIL,
        THIRUNILAM VAYAL POST KALLAYI.

          (ADDITIONAL RESPONDENTS 5 TO 8 ARE
          IMPLEADED AS PER ORDER DATED 05.06.2024 IN
          I.A.No.1 OF 2024 IN W.P.(C)No.17431 OF
          2024).

          BY ADV K.V.GOPINATHAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17431/2024
                                 :3:




                         JUDGMENT

Dated this the 5th day of June, 2024

The petitioner has applied for Temporary

Permit for Stage Carriage on the route Kozhikode-

Wandoor. The decision was adjourned by the

1st respondent without any reason, contends the

petitioner. The petitioner seeks to direct the respondents

to consider Ext.P7 application.

2. It is evident that Ext.P7 is an application for

Temporary Permit, which has statutory support.

Therefore, it is necessary that the competent authority

considers Ext.P7 in accordance with law within a

reasonable time.

The writ petition is therefore disposed of

directing the 1st respondent-Secretary, Regional

Transport Authority to consider Ext.P7 application for

Temporary Permit and pass appropriate orders thereon

at any rate within a period of two months, after giving

opportunity of hearing to the additional respondents.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 17431/2024

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE VEHICLE PARTICULARS RELATING TO VEHICLE BEARING REGISTRATION NUMBER KL-10N-

Exhibit P2 A TRUE COPY OF THE VEHICLE PARTICULARS OF BUS NO.KL-12D-5995 Exhibit P3 . A TRUE COPY OF THE APPLICATION MADE BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2 ON 20.03.2024 FOR THE GRANT OF REGULAR PERMIT FOR 5 YEARS TO OPERATE ON THE ROUTE KOZHIKODE - WANDOOR Exhibit P4 A TRUE COPY OF THE APPLICATION FOR THE GRANT OF 4 MONTHS TEMPORARY PERMIT TO OPERATE ON THE ROUTE KOZHIKODE - WANDOOR FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 20.03.2024 Exhibit P5 A TRUE COPY OF THE TAX TOKEN DATED 30.03.2024 ISSUED BY THE 1ST RESPONDENT EVIDENCING PAYMENT OF RS.1,82,780/-

Exhibit P6 A TRUE COPY OF THE JUDGMENT MADE IN W.P.(C).NO.12153/2024 ON 11.04.2024 Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 25.04.2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH SET OF PROPOSED TIMINGS.