Disposed

Madhu.K v. the Secretary

Kerala HC19 Mar 2019WP(C)/5246/2019

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner sought directions to dispose of his application for renewal of a regular transport permit. The Court directed the Regional Transport Authority to obtain a field report, forward the application for consideration with notice to other operators, and afford an opportunity of being heard within 4 weeks after the initial 2-week report period.

What did the court decide?

Directions issued: 1st Respondent to obtain Field Officer report within 2 weeks; 2nd Respondent to consider application with hearing within further 4 weeks.

Madhu.K Vs the Secretary — Service and Employment | 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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TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940

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WP(C).No. 5246 of 2019

PETITIONER :

MADHU.K

AGED 45 YEARS

S/O.RAMACHANDRAN NAIR, KUZHIPPATT HOUSE, SAMOOHAM ROAD, CHALAPPURAM.P.O., KOZHIKODE DISTRICT.

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BY ADV. SRI.SAJU J.VALLYARA

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RESPONDENTS:

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1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA-673101.

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2 THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, VADAKARA-673101.

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BY SRI K.P. HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5246 of 2019

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JUDGMENT

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The petitioner, who is the holder of Ext.P1 regular permit, which was valid up to 30.11.2014, on the route Palappally-Kannur as Limited Stop Fast Passenger Service, which is presently being operated as Limited Stop Ordinary Service, has submitted Ext.P2 application dated 13.11.2014 before the respondents for renewal of the said permit. The petitioner is presently operating the said service on the strength of Ext.P3 temporary permit, which is valid upto 28.04.2019. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to consider and dispose of Ext.P2 application within a time limit to be fixed by this Court.

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On 21.02.2019, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

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WP(C).No. 5246 of 2019

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

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The learned Senior Government Pleader, on instructions, would submit that the 1^st respondent shall obtain a report from the Field Officer on Ext.P2 application for regular permit made by the petitioner, if not already obtained, and thereafter, place the application along with report before the 2^nd respondent Regional Transport Authority, for consideration, within a time limit to be specified 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 with the following directions:

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i) If not already obtained, the 1^st respondent

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shall obtain a report of the Field Officer on Ext.P2 application for regular permit made by the petitioner, within two weeks from the date of receipt of a certified copy of

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WP(C).No. 5246 of 2019

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this judgment.

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ii) Thereafter, the 1^st respondent shall place Ext.P2 application, along with the report of the Field Officer, before the 2^nd respondent Regional Transport Authority and the said Authority shall consider the same and pass appropriate orders thereon, with notice to the petitioner and other enroute operators and after affording them an opportunity of being heard, within a further period of four weeks.

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Sd/-

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ANIL K.NARENDRAN, JUDGE

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AV/19/3

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WP(C).No. 5246 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.P.ST.18.6.1998 IN RESPECT OF STAGE CARRIAGE KL-11-AX-1476.

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EXHIBIT P2 PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P1 REGULAR PERMIT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS ON 13.11.2014.

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EXHIBIT P3 PHOTOCOPY OF THE TEMPORARY PERMIT VIDE NO.P.TEM.18/522/2018 IN RESPECT OF STATE CARRIAGE KL-11-AX-1476.

Madhu.K v. the Secretary

Case brief

What is this about?

What did the court decide?

Madhu.K v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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