Disposed

Joji Edattel, v. the Secretary

Kerala HC17 Jul 2019WP(C)/18479/2019

Case brief

AI extract

What is this about?

The High Court directed the Regional Transport Authority within two weeks to consider the petitioner's application for a temporary permit on the Combanmettu-Ernakulam route, issuing it to the petitioner as applied for, after following due procedure.

What did the court decide?

Directed the 1st respondent to consider the application for temporary permit as expeditiously as possible, within two weeks, after affording the petitioner an opportunity of being heard, and pass appr

Joji Edattel, Vs the Secretary — Specific Performance | Kerala HC (2019)

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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 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941

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WP(C).No.18479 of 2019

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PETITIONER :

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JOJI EDATTEL, AGED 63 YEARS S/O. SCARIA, 1/236, EDATTEL HOUSE, KALOORKADU P.O, MUVATTUPUZHA

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BY ADV. SRI.G.PRABHAKARAN

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RESPONDENTS:

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1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI 685 603

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2 THE REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY 685 603.

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BY SRI HARISH K.P.- SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18479 of 2019

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JUDGMENT

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The petitioner was holding a regular permit on the route Combanmettu-Ernakulam in respect of stage carriage bearing registration No.KL-17/E-5004 as Limited Stop Ordinary Service. The application made by the petitioner for renewal is pending consideration before the 2^nd respondent Regional Transport Authority. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to issue temporary permit as applied for, for the vehicle KL63/D-4055 taken on lease, in place of stage carriage bearing registration No.KL-17/E-5004, by finalising Ext.P3 temporary permit application.

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On 08.07.2019, when this writ petition came up

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for admission, the learned Government Pleader sought time to get instructions.

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Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing

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WP(C).No.18479 of 2019

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for the respondents.

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The learned Senior Government Pleader would submit that the 1^st respondent shall consider and pass appropriate orders on Ext.P3 application for temporary permit made by the petitioner 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 1^st respondent to consider Ext.P3 application made by the petitioner for temporary permit, on the route Combanmettu-Ernakulam, in the vacancy of stage carriage bearing registration No.KL17/E-5004 and pass appropriate orders thereon, 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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It is made clear that this Court has not expressed

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WP(C).No.18479 of 2019

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anything as to the maintainability of Ext.P3 application and it is for the 1^st respondent to take an appropriate

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decision, strictly in accordance with law.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/18/7

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WP(C).No.18479 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 6-6-2012 IN M.P NO. 350/2012 IN MVAA NO. 98/2012 EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 6-72012 IN MVAA NO. 98/2012 EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 1-6-2019 EXHIBIT P4 TRUE COPY OF THE CHELAN RECEIPT DATED 3-6-2019 EXHIBIT P5 TRUE COPY OF THE LEASE DEED DATED 1- 6-2019 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 1005-2019 IN WPC 13429/2019

Joji Edattel, v. the Secretary

Case brief

What is this about?

What did the court decide?

Joji Edattel, v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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