Petitioner filed writ challenging temporary permit issued to second respondent on rival route. Court disposed petition noting second respondent surrendered permit, redressing grievance.
Petition disposed noting surrender of temporary permit by respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940
WP(C).No. 2892 of 2019
PETITIONER:
ANITHKUMAR K., KEEZHUVEETIL HOUSE, THEKKUMPADAM, PEECHI, THRISSUR.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680003.
3 KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, THRISSUR-680 001.
BY ADV. SRI.I.DINESH MENON SMT C.S.SHEEJA, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the holder of Ext.P1 regular permit on the route Kuzhalappathi-Thrissur via Vaniyampara, Vandithavalam, Kollemcode, Chittur in respect of stage carriage bearing registration No.KL-47/F-6399, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 temporary permit issued to the 2nd respondent on the route GovindapuramKodungallur (Via) Kollangode, Nenmara, Wadakkanchery, Vannanpara, in respect of his stage carriage bearing registration No.KL-11/AB-3737. The petitioner has also sought for stay of operation of all proceedings pursuant to Ext.P3, pending disposal of this writ petition.
consideration, the learned counsel for the 2nd respondent submitted that the said respondent proposes to surrender
WP(C)2892 OF 2019 3
Ext.P3 temporary permit before the 1st respondent on that day itself. The said submission was recorded. The learned counsel for the 2nd respondent was directed to make available for the
perusal of this Court a copy of the appeal memorandum in MVAA No.337 of 2018 and also the accompanying interlocutory application, i.e., M.P.No.928 of 2018. The learned Senior Government Pleader was directed to get instructions from the 1st respondent as to whether the 2nd respondent was personally present before the 1st respondent on the hearing conducted on 05.12.2018.
In such circumstances, this writ petition is disposed of recording the fact that the 2nd respondent has already
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surrendered Ext.P3 temporary permit, vide Ext.R2(b)
surrender intimation dated 14.02.2019.
Sd/- ANIL K. NARENDRAN JUDGE
yd
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WP(C)2892 OF 2019
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE REGULAR PERMIT VALID TILL 7.12.2020 |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND RESPONDENT |
| EXHIBIT P3 | A TRUE COPY OF THE TEMPORARY PERMIT ISSUED TO THE 2ND RESPONDENT VALID FROM 27.11.2018 TO 26.3.2019. |
| EXHIBIT P4 | A TRUE COPY OF THE INTIMATION GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER DATED 18.1.2019. |
| EXHIBIT P5 | A TRUE COPY OF THE CANCELLATION PROCEEDINGS DATED 7.12.2018. |
2 ND RESPONDENT'S EXHIBITS:
| EXHIBIT R2(A) TRUE NO.33 |
COPY OF THE 7 OF 2018. |
MEMORANDUM IN MVAA |
|---|---|---|
| EXHIBIT R2(B) TRUE DATED |
COPY OF THE 14.02.2019. |
SURRENDER INTIMATION |
| EXHIBIT R2(C) TRUE DATED |
COPY OF THE 12.02.2019. |
TEMPORARY PERMIT |
| EXHIBIT R2(D) TRUE 19.07 |
COPY OF THE .2013. |
PROCEEDINGS DATED |
TRUE COPY
P.A. TO JUDGE
Anithkumar K.
The Secretary, Regional Transport Authority, Thrissur
Santhosh
Kerala State Road Transport Corporation
Anil K.Narendra
As recorded by the court registry
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