Tom Augusty vs The Secretary
2024 Latest Caselaw 13529 Ker

Kerala High Court

Tom Augusty vs The Secretary on 24 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                         WP(C) NO. 18438 OF 2024
PETITIONER:

              TOM AUGUSTY
              AGED 47 YEARS
              SON OF AUGUSTY, ALANCHERIL HOUSE,
              PADINJATTUMBHAGOM, ATHIRAMPUZHA P.O.,
              KOTTAYAM, PIN - 686562

              BY ADV LAVARAJ M.G.


RESPONDENT:

              THE SECRETARY
              REGIONAL TRANSPORT AUTHORITY,
              REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
               KOTTAYAM, PIN - 686002

              SRI.SREEJITH V.S-GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.18438 Of 2024
                               2




                           JUDGMENT

Dated this the 24th day of May, 2024

The petitioner is the registered owner of a Stage

Carriage vehicle bearing registration No.KL-36-9190. The

petitioner is at present operating on the basis of Temporary

Permit and the same is valid till 28.05.2024.

2. The petitioner states that he preferred an

application for Temporary Permit on the Intra-District route

Vaikom-Kottayam via Thalayolaparambu, Kaduthuruthy,

Muttuchira, Ayamkudy, Kallara, Neendoor, Kaipuzha,

Mannanam, Medical College, Gandhinagar, and

Kumaranellur as ordinary service, in respect of his stage

carriage in the vacancy of the very same vehicle, which was

having a Regular Permit on the route in question and which

was surrendered. The route in question passes through

interior areas of Kottayam District and the traveling public WP(C) No.18438 Of 2024

are put to difficulties.

3. The application was submitted before the expiry

of the existing Permit and the Secretary, Regional Transport

Authority assured that he will consider the same before the

expiry of the existing Permit. But no orders are passed on

the application for Temporary Permit submitted by the

petitioner till this date. As per Rule 133(j) of the Kerala Motor

Vehicles Rues, the Secretary, Regional Transport Authority

is having delegatory powers to pass orders on the

application for Temporary Permit. Unless the respondent

considers Ext.P3 application of the petitioner, the petitioner

and travelling public will be put to difficulties, contends the

petitioner.

4. Heard.

5. It is evident that Ext.P3 is an application for

Temporary Permit, which has statutory support. Therefore, it

is necessary that the competent authority considers Ext.P3 in WP(C) No.18438 Of 2024

accordance with law within a reasonable time.

The writ petition is therefore disposed of directing the

respondent-Secretary, Regional Transport Authority to

consider Ext.P3 application for Temporary Permit

expeditiously and at any rate within a period of one week, in

accordance with law, after giving opportunity of hearing to

the affected parties, if any.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.18438 Of 2024

APPENDIX OF WP(C) 18438/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN WP[C] NO.15707/2024 DATED 23.4.2024 Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT ISSUED DATED 15.5.2024 Exhibit P3 A TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 20.5.2024