Disposed

Mammed Koya K.T. v. the Secretary

Kerala HC21 Dec 2018WP(C)/42043/2018

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the Regional Transport Authority to consider a pending application for a temporary permit without delay. The court disposed of the matter by ordering the respondent to consider the application under the Motor Vehicles Act, 1988, within two weeks.

What did the court decide?

Directed the respondent to consider Ext.P5 application under Section 87(1)(c) of the Motor Vehicles Act, 1988, within two weeks and pass appropriate orders after hearing the petitioner.

Mammed Koya K.T. Vs the Secretary — Service and Employment | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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WP(C).No. 42043 of 2018

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PETITIONER/S:

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MAMMED KOYA K.T. AGED 52 YEARS S/O. MOIDEEN KOYA, RASEENA MANZIL, PANIKKARKANDI PARAMBA, ARAKKINAR, KOZHIKODE.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENT/S:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE - 673001.

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BY SRI. K.P. HARISH, SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 42043 of 2018

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JUDGMENT

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The petitioner, who is the registered owner

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of a stage carriage bearing Registration No.KL-

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56/K-9568, which has been granted a regular permit on the route Bepore-Pulimoodu-Byepass-

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Puthiyappa vide Ext.P1 proceedings of the

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Regional Transport Authority, Kozhikode, which is yet to be issued since the timings could not be settled, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent consider Ext.P5 application made by him and grant temporary permit on the said route without any delay.

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petitioner and also the learned Senior Government Pleader appearing for the respondent.

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The learned Senior Government Pleader

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would submit that if Ext.P5 application made by

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the petitioner is pending consideration, the

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respondent shall consider the same and pass

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WP(C).No. 42043 of 2018

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appropriate orders thereon, treating the same as one filed under Section 87(1)(c) of the Motor Vehicles Act, 1988 within a time limit to be fixed by this Court.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the respondent to consider and pass appropriate orders on Ext.P5 application made by the petitioner for temporary permit, if the same is pending consideration, and pass appropriate orders thereon, strictly in

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accordance with law, with notice to the petitioner and after affording him an opportunity of being heard, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment.

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Sd/-

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ANIL K.NARENDRAN,JUDGE

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AV/21/12

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WP(C).No. 42043 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDING OF THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE DATED 14/08/2018.

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EXHIBIT P2 TRUE COPY OF THE COVERING LETTER DATED 22/10/2018 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXHIBIT P3 TRUE COPY OF THE NOTICE OF TIMING CONFERENCE DATED 04/12/2018 ISSUED BY THE RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 18/12/2018 ISSUED BY THE RESPONDENT TO THE PETITIONER.

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EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 26/11/2018 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR TEMPORARY PERMIT ALONG WITH CHELAN.

Mammed Koya K.T. v. the Secretary

Case brief

What is this about?

What did the court decide?

Mammed Koya K.T. v. the Secretary

Case brief

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What did the court decide?

What the court decided

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