Disposed

Subair v. the Secretary, Regional Transport Authority

Kerala HC16 Jan 2019WP(C)/733/2019

Case brief

AI extract

What is this about?

The petitioner, a stage carriage permit holder, approached the High Court of Kerala seeking a writ of mandamus to compel the respondent to issue a varied permit granted by the Regional Transport Authority but not yet physically issued. The Court directed the respondent to consider the request during an upcoming timing conference.

What did the court decide?

The Court directed the respondent to consider the petitioner's request for issuance of the varied permit in the timing conference on 17.01.2019 and issue consequential proceedings without further dela

Subair Vs the Secretary, Regional Transport Authority — Property and Title | 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 16TH DAY OF JANUARY 2019 / 26TH POUSHA, 1940

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WP(C).No. 733 of 2019

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PETITIONER:

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SUBAIR, AGED 35 YEARS, 3/634,352A, PARAPPIL HOUSE, CHATHAMANGALAM, KOZHIKODE.

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE PIN-673 020. SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 733 of 2019

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JUDGMENT

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The petitioner, who is the holder of a regular permit on the route Kozhikode-Perumpoola in respect of his stage carriage bearing registration No.KL-09/Q-8299, which is valid upto 05.01.2020, made an application for variation of permit, so as to operate from REC through Mukkkam. The Regional Transport Authority, Kozhikode in its meeting held on 12.04.2018 considered the said application and granted the same, vide Ext.P1 proceedings dated 12.04.2018. Now the grievance of the petitioner is that the varied permit granted as per Ext.P1 proceedings of the Regional Transport Authority is not so far issued by the respondent Secretary. The petitioner has moved this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to issue the varied permit granted as per Ext.P1, with the proposed set of timing, without prejudice to the right of the respondent to settle the timing objection, if any, thereafter, within a time frame to be fixed by this Court.

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On 10.01.2019, when this writ petition came up for admission, the learned Senior Government Pleader sought

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WP(C).No. 733 of 2019

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time to get instructions.

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

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The learned Senior Government Pleader, on instructions, would submit that the issuance of the varied permit granted to the petitioner as per Ext.P1 proceedings dated 12.04.2018 of the Regional Transport Authority in respect of stage carriage bearing registration No.KL-09/Q8299 is included in the timing conference scheduled to be held on 17.01.2019.

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In such circumstances, this writ petition is disposed of by directing the respondent to consider the request made by the petitioner for issuance of variation as per Ext.P1 of the Regional Transport Authority, in the timing conference scheduled to be held on 17.01.2019, with notice to the petitioner and other enroute operators.

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Consequential proceedings shall be issued to the petitioner, without further delay.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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WP(C).No. 733 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1

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TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY DATED 12-4-2018

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RESPONDENT'S EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE

Subair v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Subair v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

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