Disposed

Thomas Y. v. Regional Transport Authority

Kerala HC14 Feb 2018WP(C)/4478/2018

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Regional Transport Authority to consider the petitioner's application for re-issue of a temporary transport permit, ensuring due notice and deciding expediently within three weeks. An interim status quo was maintained.

What did the court decide?

Direction to R.T.A. Palakkad to consider the petitioner's application for re-issue of temporary permit with notice, within three weeks; interim status quo continued.

Thomas Y. Vs Regional Transport Authority — 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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WEDNESDAY, THE 14TH DAY OF FEBRUARY 2018 / 25TH MAGHA, 1939

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WP(C).No. 4478 of 2018

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

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PETITIONER

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THOMAS Y, BETHEL HOUSE, PATTIKKAD P.O., THRISSUR.

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BY ADV.SRI.I.DINESH MENON

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RESPONDENT(S):

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1. REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678001.

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BY SENIOR GOVERNMENT PLEADER SMT C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WP(C).No. 4478 of 2018 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1:	TRUE COPY OF THE REGULAR PERMIT OF PETITIONER.
EXHIBIT P2:	TRUE COPY OF THE ORDER IN MP NO.412/2012 DATED 12.6.2012.
EXHIBIT P3:	TRUE COPY OF THE ORDER IN MP NO.974/2013 DATED 12.9.2013.
EXHIBIT P4:	TRUE COPY OF THE JUDGMENT IN MVAA NO.145/2012 DATED 4.11.2017.
EXHIBIT P5:	TRUE COPY OF THE JUDGMENT IN WPC NO.38933/2017 DATED 5.12.2017.
EXHIBIT P6:	TRUE COPY OF THE TEMPORARY PERMIT DATED 27.1.2018.
EXHIBIT P7:	TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 6.2.2018.

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RESPONDENTS EXHIBITS: NIL

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/TRUE COPY/

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K.V. P.S.TO JUDGE

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ANIL K.NARENDRAN, J.

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----------------------------------------------- W.P.(C)No.4478 of 2018

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Dated this the 14^th day of February, 2018

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J U D G M E N T

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The petitioner, who is the holder of a regular permit on the route Vadakkanchery-Kanichiparutha-Thrissur-Palakkad, which is pending renewal, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to consider Ext.P7 application dated 6.2.2018 for re-issue of Ext.P6 temporary permit which is valid till 13.2.2018 on the aforesaid route, in respect of stage carriage bearing registration No.KL-08/AF-1515, and grant of temporary permit under Section 87(1)(d) of the Motor Vehicles Act, 1988, in the light of Ext.P4 judgment of the State Transport Appellate Tribunal in M.V.A.A.No.145/2012, dated 4.11.2017, within a time frame to be fixed by this Court.

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On 12.2.2018, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions and it was ordered that status quo as on that date in respect of Ext.P6 temporary permit shall continue till this date.

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Heard the learned counsel for the petitioner and also

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W.P.(C)No.4478 of 2018

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:-2-:

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the learned Senior Government Pleader appearing for respondents.

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The learned Senior Government Pleader on instructions would submit that Ext.P7 application made by the petitioner for re-issue of temporary permit shall be considered by the 1^st respondent within a time limit to be fixed by this Court.

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In such circumstances, this writ petition is disposed of by directing the 1^st respondent Regional Transport Authority, Palakkad, to consider the request made by the petitioner in Ext.P7 application for re-issue of temporary permit, if the same is complete in all respect, and pass appropriate orders thereon, strictly in accordance with law, with notice to the petitioner. A decision in this regard shall be taken, as expeditiously as possible, at any rate within a period of three weeks from the date of production of a certified copy of this judgment. Till such time, the interim order of status quo granted on 12.2.2018 in respect of Ext.P6 permit shall continue.

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ANIL K.NARENDRAN JUDGE

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ami/14.2.18

Thomas Y. v. Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Thomas Y. v. Regional Transport Authority

Case brief

What is this about?

What did the court decide?

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