Petitioner sought writ of mandamus directing the Regional Transport Authority to consider an application for reissue of a temporary stage carriage permit within a specified timeframe and afford an opportunity of being heard.
Director to consider reissue application within two weeks with notice and hearing opportunity; status quo maintained.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 08TH DAY OF JANUARY 2019 / 18TH POUSHA, 1940
WP(C).No. 377 of 2019
PETITIONER:
JOHNSON.C.L., S/O.LONAPPAN, CHITTILAPPILLY HOUSE, MUNDUR POST, KAIPARAMBU, THRISSUR.
BY ADV. SRI.I.DINESH MENON
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA-673101.
SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)377 OF 2019 2
JUDGMENT
The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-08/BA-5306, covered by Ext.P4 temporary permit on the route Thrissur-KozhikodeThalasserry as limited stop ordinary service, valid for the period from 14.11.2018 to 13.01.2019, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P5 application dated 07.12.2018 filed for reissue of Ext.P4 temporary permit. Ext.P6 is the receipt evidencing remittance of the requisite fee for Ext.P5 application.
WP(C)377 OF 2019 3
directing the respondent to consider and pass appropriate orders on Ext.P5 application made by the petitioner for reissue of temporary permit, strictly in accordance with the law, with notice to the petitioner and after affording him an opportunity of being heard. Necessary orders in this regard shall be passed, 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.
Till such orders are passed, status quo as on 13.01.2019 in respect of Ext.P4 temporary permit shall be maintained.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
WP(C)377 OF 2019
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE THRISSUR-KOZHIKODE-THALASSERY IN RESPECT OF S/C KL-08 BA 5306.
EXHIBIT P2 TRUE COPY OF THE DECISION OF THE STATE TRANSPORT AUTHORITY DATED 14.6.2017.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 9.3.2018 IN WPC.NO.8187/2018. EXHIBIT P4 TRUE COPY OF THE TEMPORARY PERMIT DATED 16.11.2018. EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 7.12.2018. EXHIBIT P6 TRUE COPY OF THE CHALAN DATED 7.12.2018.
RESPONDENT'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 provisions across 1 enactments
Johnson.C.L.
The Secretary, Regional Transport Authority, Vadakara
Anil K. Narendran
As recorded by the court registry
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