Mustafa vs The Secretary, Regional Transport ...
2024 Latest Caselaw 11971 Ker

Kerala High Court

Mustafa vs The Secretary, Regional Transport ... on 7 May, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE JOHNSON JOHN
      TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
                      WP(C) NO. 17187 OF 2024
PETITIONER:

          MUSTAFA,
          AGED 40 YEARS, S/O. AHMED KUTTY,
          EDAKKARA HOUSE, VATTAPPARAMBU, PATHIRIYAL P. O.,
          NILAMBUR, MALAPPURAM DISTRICT, PIN - 676123.

          BY ADV.
             SRI. O. D. SIVADAS


RESPONDENT:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          CIVIL STATION, MALAPPURAM,PIN - 676101.

          BY ADV.
             SRI. E. G. GORDEN - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17187 OF 2024

                                      2




                           JOHNSON JOHN, J.
                              --------------------------
                          W.P.(C) No. 17187 of 2024
                                -------------------------
                       Dated this the 7th day of May, 2024

                                  JUDGMENT

1. It is submitted by the learned Counsel for the petitioner that

Exhibit P-9 application seeking temporary permit filed by the

petitioner is pending before the respondent and that a direction for

disposal of the same on merit within a time frame is required and,

the learned Government Pleader has no objection.

2. In the circumstances, the respondent is directed to dispose of

Exhibit P-9 application on merit in accordance with law within

fourteen days from the date of receipt of a copy of this Judgment.

The writ petition is disposed of as above.

Sd/-

JOHNSON JOHN JUDGE Svn WP(C) NO. 17187 OF 2024

APPENDIX OF WP(C) 17187/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ISSUED BY THE 2ND RESPONDENT TO STAGE CARRIAGE BEARING NO.KL 18 D 0246 VALID TILL 2.1.2020

EXHIBIT P2 TRUE COPY OF THE DECISION OF THE RTA DATED 29.08.2022 GRANTING RENEWAL OF PERMIT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 15.12.2023 ISSUED BY THE RESPONDENT TO PETITIONER'S STAGE CARRIAGE NO.KL 18 D 0426

EXHIBIT P4 TRUE COPY OF THE PROCEEDING DATED 13.12.2023 ISSUED BY THE 2ND RESPONDENT DECLINING TEMPORARY PERMIT

EXHIBIT P5 TRUE COPY OF THE NOC IN RESPECT OF STAGE CARRIAGE NO.KL 18 D 0426 ISSUED BY THE FINANCIER

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP (C) NO. 9307 OF 2024 DATED 26.03.2024 RENDERED BY THIS HON'BLE COURT

EXHIBIT P7 THE COPY OF THE INTERIM ORDER DATED 1.04.2024 IN MP NO. 728 2024 IN MVAA NO. 349 OF 2023 ISSUED BY THE HON'BLE STATE TRANSPORT APPELLATE TRIBUNAL

EXHIBIT P8 TRUE COPY OF THE TEMPORARY PERMIT DATED 16.02.2024 TO OPERATE SERVICE ON THE ROUTE FOR A PERIOD OF 40 DAYS FROM 1.04.2024 TO 10.05.2024

EXHIBIT P9 TRUE COPY OF THE APPLICATION FOR FURTHER ISSUE OF TEMPORARY PERMIT ALONG WITH COVERING LETTER DATED 23.04.2024 SUBMITTED TO THE RESPONDENT

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 2902 OF 2024 DATED 23.01.2024 RENDERED BY THIS HON'BLE COURT