Citation : 2024 Latest Caselaw 18863 Ker
Judgement Date : 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 23167 OF 2024
PETITIONER:
SAFWAN M.
AGED 27 YEARS, S/O. HASSAN,
MADHARI HOUSE, AREEKKAPALLIYALI,
VALIYORA P.O., VENGARA, THIRURANGADI,
MALAPPURAM DISTRICT, PIN - 676 304.
BY ADVS.
SAJU J.VALLYARA
MARIA ANGEL
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM CIVIL STATION, MALAPPURAM P.O.,
MALAPPURAM DISTRICT, PIN - 676 505.
BY ADV
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.23167 of 2024
:2:
JUDGMENT
Dated this the 28th day of June, 2024
The petitioner has approached this Court seeking
the following relief:
Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider Ext.P3 application by re-issuing four months Temporary Permit in respect of Stage Carriage KL-08BH- 0747 to operate on the route Parappanangadi-Manjeri in the place of Stage Carriage KL-10R-6714 in continuation of Ext.P2 Temporary Permit within a reasonable time limit to be fixed by this Hon'ble Court.
2. Grievance of the petitioner is that even though the
validity of the existing Temporary Permit of his Stage
Carriage is expiring on 04.07.2024 and an application for
reissue of permit is already filed as evidenced by Ext.P3, the
same is even now pending consideration. The limited prayer
of the petitioner is for an expeditious disposal of Ext.P3
application.
After considering the materials placed on record
and hearing the learned Counsel appearing for the petitioner
as well as the learned Senior Government Pleader, the writ
petition is disposed of directing the respondent to take up
Ext.P3 application and pass appropriate orders on Ext.P3
application as expeditiously as possible and at any rate,
within a period of two weeks from the date of receipt of a
copy of this judgment. Until such time, the petitioner shall be
permitted to continue the operations irrespective of the fact
that the existing permit is expiring on 04.07.2024. The
petitioner shall produce current records in respect of vehicle
No.KL-10R-6714 before the Secretary, Regional Transport
Authority, for consideration of the application.
Sd/-
N. NAGARESH JUDGE AMR
APPENDIX OF WP(C) 23167/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO. 19643/2024 DATED 31.05.2024 OF THE HON'BLE HIGH COURT OF KERALA.
Exhibit P2 TRUE PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO. KL2024-TEMP-0857B ISSUED TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-08-BH-747 DATED 21.06.2024.
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 24.06.2024.
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