Disposed

U.Nazar v. the Secretary, Regional Transport Authority

Kerala HC16 May 2014WP(C)/11481/2014

Case brief

AI extract

What is this about?

The court directed the Regional Transport Authority to issue a temporary permit to the petitioner-owned vehicle within one week, subject to existing priority claims, if a vacancy for substitute service exists.

What did the court decide?

Direction to the respondent to issue a temporary permit for four months to the petitioner within one week, subject to preferential claims.

U.Nazar Vs the Secretary, Regional Transport Authority — Service and Employment | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY, THE 16TH DAY OF MAY 2014/26TH VAISAKHA, 1936

¶5

WP(C).No. 11481 of 2014 (I)

¶6

NAME AND ADDRESS OF THE PETITIONER:

¶7

U.NAZAR, ASMA MANZIL, MISSION COLONY, PERUMKULAMP.O., ATTINGAL, THIRUVANANTHAPURAM DISTRICT.

¶8

BY ADV. SRI.O.D.SIVADAS

¶9

NAME AND ADDRESS OF THE RESPONDENT :

¶10

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM(RURAL) AT ATTINGAL - 695 101.

¶11

BY GOVERNMENT PLEADER SRI.MANOJ.P.KUNJACHAN

¶12

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

Msd.

¶14

WP(C).No. 11481 of 2014 (I)

¶15

APPENDIX

¶16

PETITIONER(S)' EXHIBITS

¶17

EXHIBIT P1 : TRUE COPY OF THE TEMPORARY PERMIT ISSUED BY THE RESPONDENT.

¶18

EXHIBIT P2 : TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 13-03-2014 SUBMITTED BY THE PETITIONER WITH THE CHELAN.

¶19

EXHIBIT P3 : TRUE COPY OF THE JUDGMENT DATED 20-03-2014 IN WPC 8093/2014. EXHIBIT P4 : TRUE COPY OF THE PROCEEDINGS DATED 11-04-2014.

¶20

EXHIBIT P5 : TRUE COPY OF THE RELEVANT PORTION OF THE RC BOOK IN RESPECT OF VEHICLE NO. KL-24 A/4.

¶21

RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

¶27

¶28

W.P.(C).No.11481 of 2014

¶29

¶30

Dated this the 16^th day of May, 2014

¶31

J U D G M E N T

¶32

The petitioner is the owner of two stage carriage Nos.KL-10-V-9709

¶33

and KL-24-A-4. He was given temporary permit for stage carriage No.KL10-V-9709 in the vacancy of stage carriage No.KL-16-F-5646. The above temporary permit was valid upto 27/03/2014. It is the case of the petitioner that since the stage carriage No.KL-10-V-9709 was not fit for operation, he made an application for a fresh temporary permit for stage carriage No.KL-24-A-4 after surrendering the temporary permit on 13/03/2014 to conduct substitute service as per Ext.P2. It is also submitted that without intervention of this Court, his request for temporary permit for a period of four months will not be considered.

¶34

If vacancy of stage carriage bearing registration No.KL-16-F5646 is still in existence and no other person has applied for a temporary permit to operate a stage carriage in that vacancy, there will be a direction to the respondent to issue a temporary permit of four months duration in respect of vehicle No.KL-24-A-4 for the route mentioned therein, within

¶35

W.P.(C).No.11481/2014

¶36

-:2:-

¶37

one week from the date of production of a copy of this judgment by passing

¶38

appropriate orders on Ext.P2. Needless to say, such issuance of temporary

¶39

permit will be subject to the preferential claim of other persons.

¶40

The writ petition is disposed of as above.

¶41

Sd/-

¶42

A.MUHAMED MUSTAQUE, JUDGE

¶43

U.Nazar v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

U.Nazar v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Victoria Vs Corporation of Cochin

C.K.Sathian Vs Kerala Forest Development Corporation

K.L.Abraham @ Titus Vs State of Kerala

E.K.Sethu Vs Indian Farmer'S Fertilizer Operative Ltd.

Sujith Vs the Revenue Divisional Officer

P.S.Sajan Vs Commercial Tax Officer