Petitioner, an existing stage carriage operator, filed a writ petition seeking mandamus to prevent the RTA from insisting on permit variation while a permit order was in force. The court dismissed the petition as infructuous because the petitioner's established permit had expired.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY ,THE 30TH DAY OF OCTOBER 2018 / 8TH KARTHIKA, 1940
WP(C).No. 17285 of 2018
PETITIONER/S:
NISHA THOMAS PARAYIL HOUSE, EDAMARUKU P.O., KOTTAYAM.
BY ADV. SRI.I.DINESH MENON
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM - 686 002
2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY KOTTAYAM-686 002.
R1-R2 BY SRI BIMAL K NATH SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 17285 of 2018
JUDGMENT
The petitioner, who is an existing stage carriage operator, with stage carriage bearing Registration No.KL-35/F-3677, operating on the strength of Ext.P1 regular permit on the route Kumaly-Ernakulam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to call for the records relating to Ext.P4 communication, and also a writ of mandamus commanding the second respondent the Secretary, Regional Transport Authority, Kottyam not to insist that she should submit application for variation of Ext.P1 permit on the route Kumaly-Ernakulam, while Ext.P3 order is in force. The petitioner has also sought for other consequential reliefs.
up for consideration, this Court admitted the
matter on file and the learned Government Pleader took notice for the respondents. This Court granted
an interim order of ' status quo ' as to the
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WP(C).No. 17285 of 2018
operation of the petitioner's service on the strength of Ext.P1 permit for a period of two
months. The learned Government Pleader sought time to get instructions.
Pleader submitted that Ext.P1 permit has expired on 16.10.2018.
Recording the above submission, made by the learned counsel for the petitioner this writ petition is dismissed as infructuous.
Sd/-
ANIL K.NARENDRAN
JUDGE
SB/31/10/2018
1 provisions across 1 enactments
NISHA THOMAS
THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM
THE SECRETARY REGIONAL TRANSPORT AUTHORITY KOTTAYAM
ANIL K.NARENDRAN
As recorded by the court registry
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