Disposed

Usman v. Rta,Palakkad

Kerala HC10 Mar 2010WP(C)/2139/2010

Case brief

AI extract

What is this about?

Directing the Regional Transport Authority to consider the petitioner's application for a regular stage carriage permit within two months. Also directing the authority to consider and grant a temporary permit pending final orders on the regular permit application.

What did the court decide?

Directed RTA to consider regular permit application within two months and issue temporary permit legally pending final orders.

Usman Vs Rta,Palakkad — Service and Employment | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

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WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931

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WP(C).No. 2139 of 2010(N)

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---------------------------------------

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PETITIONER(S):

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------------------------

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USMAN, S/O.LATE SAINABA, PANGINIKADAN HOUSE, KADANNAMANNA, MANJERI.

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BY ADV. MR.I.DINESH MENON

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RESPONDENT(S):

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----------------------------

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1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD.

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2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,PALAKKAD,(JOINT REGIONAL TRANSPORT OFFICER-IN-CHARGE)

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R1 & R2 BY GOVERNMENT PLEADER MR. K.S.MUHAMMED HASHIM

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.2139/2010 N

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: COPY OF THE TEMPORARY PERMIT VALID TILL 26/01/2010.

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P2: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 18/01/2010. P3: COPY OF THE TEMPORARY PERMIT VALID TILL 15/02/2010. P4: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 8/02/2010.

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P5: COPY OF THE TEMPORARY VALID TILL 8/03/2010. P6: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 1/03/2010.

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RESPONDENT'S EXHIBITS: N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

K. SURENDRA MOHAN, J.

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W.P(C) NO: 2139 OF 2010

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----------------------------------------------------------Dated this the 10^th March, 2010.

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JUDGMENT

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The petitioner was an applicant for the grant of a regular permit on the route Mulanjoor-Manjeri in the lapsed vacancy of stage carriage bearing registration No: KLL 4690. The vacancy arose since the father of the petitioner had not replaced the vehicle bearing registration No: KLL 4690 though it was more than 15 years old. The application for regular permit submitted by the petitioner was rejected by the RTA against which the petitioner filed a statutory appeal as MVAA 378/2007. The STAT considered the matter and remanded the same for fresh consideration. The matter is still pending consideration of the first respondent.

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In the meanwhile, the petitioner has been continuously operating on the route in question on the basis of temporary permits in the vacant timings of the stage carriage bearing registration No: KLL 4690. According to the petitioner he was conducting services even during the period that the private bus operators were on strike thereby serving the public. As per an interim order granted by this Court the temporary permit of the petitioner has been reissued and he is continuing operations on the

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WPC 2139/2010

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strength of the same. The petitioner seeks a consideration of his application for regular permit expeditiously. He also submits that he is entitled to be issued a temporary permit until final orders are passed on his application for regular permit. I have heard the learned Senior Govt. Pleader also.

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In the above circumstances this writ petition is disposed of directing the first respondent to consider and pass orders on the application for regular permit submitted by the petitioner and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Pending final orders on the application for regular permit submitted by the petitioner, the application of the petitioner for issue of temporary permits under Section 87 (1)(c) shall be considered by the second respondent and appropriate orders shall be passed on the application for temporary permit also in accordance with law. It is pointed out that the petitioner has been operating on the basis of a temporary permit till 8.3.2010 and that he is continuing to operate. Therefore, the petitioner shall be permitted to conduct

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WPC 2139/2010

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service till orders are passed on his application for temporary permit.

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K. SURENDRA MOHAN Judge

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WPC 2139/2010 4

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K.K.DENESAN & V. RAMKUMAR, JJ.

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M.F.A.NO:

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JUDGMENT

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Dated:

Usman v. Rta,Palakkad

Case brief

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Usman v. Rta,Palakkad

Case brief

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