Disposed

Shiju K. v. the Secretary

Kerala HC6 Sept 2022WP(C)/29071/2022

Case brief

AI extract

What is this about?

The High Court at Ernakulam, in a writ petition, held that the Regional Transport Authority must consider the petitioner's application for a Temporary Permit under Rule 133(j) of the Kerala Motor Vehicle Rules if no legal impediment exists. The Authority was directed to act within two weeks.

What did the court decide?

The Regional Transport Authority was directed to consider the petitioner's Extension of Territory Permit (Temporary Permit) application and grant it if no legal impediment exists, within two weeks.

Shiju K. Vs the Secretary — Service and Employment | Kerala HC (2022)

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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 N.NAGARESH

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TUESDAY, THE 6^TH DAY OF SEPTEMBER 2022 / 15TH BHADRA, 1944 WP(C) NO. 29071 OF 2022

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PETITIONER:

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SHIJU K. AGED 32 YEARS S/O. KRISHNAN, CHEMMANTHODE HOUSE, POTHUNDY P.O., CHITTUR, PALAKKAD-678 508

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BY ADV I.DINESH MENON

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RESPONDENT:

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THE SECRETARY REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., PALAKKAD-678 001

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JIMMY GEORGE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.29071 OF 2022

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JUDGMENT

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Dated this the 6^th day of September, 2022

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The petitioner has filed this writ petition seeking to command the respondent-Secretary, Regional Transport

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Authority to consider Ext.P1 application for Temporary Permit.

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The petitioner states that he owns a Stage Carriage Vehicle bearing registration No.KL-47-6570 and applied for grant of a Temporary Permit on the route Nemmara-Nellichode via Chemanthode, Akampadama and Pothundy as ordinary service. Ext.P1 is the application. No orders are passed on Ext.P1 so far, contends the petitioner.

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Government Pleader entered appearance on behalf of the respondent and opposed the writ petition. The Government Pleader denied all the allegations made by the petitioner in the writ petition.

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WP(C) NO.29071 OF 2022

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader representing the respondent.

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As per Rule 133(j) of the Kerala Motor Vehicle Rules, the Regional Transport Authority has delegatory powers to pass orders on the application for Temporary Permit. The petitioner has submitted Ext.P1 application for issuance of Temporary Permit. Therefore, it is only just and proper that the Regional Transport Authority consider the matter in accordance with law.

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In the facts of the case, the writ petition is disposed of directing the respondent-Secretary to Regional Transport Authority to consider Ext.P1 application submitted by the petitioner, in accordance with law and grant temporary permit, if there is no other legal impediment, within a period of two weeks.

Sd/-

N.NAGARESH JUDGE

spk

WP(C) NO.29071 OF 2022

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APPENDIX OF WP(C) 29071/2022

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION SUBMITTED BY PETITIONER DATED 29.8.2022 Exhibit P2 TRUE COPY OF THE JUDGMENT IN WPC NO.12471/2019 DATED 3.5.2019

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RESPONDENT'S/S EXHIBITS : NIL

Shiju K. v. the Secretary

Case brief

What is this about?

What did the court decide?

Shiju K. v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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