Disposed

Anas T.U. v. the Secretary

Kerala HC7 Mar 2023WP(C)/7275/2023

Case brief

AI extract

What is this about?

A writ petitioner challenging the grant of temporary permits to an existing operator. The High Court disposed of the petition by directing the Respondent to consider the petitioner's objection against renewal before passing the renewal order.

What did the court decide?

Directed the First Respondent to consider the petitioner's objection against renewal before renewal of the application and pass orders expeditiously within two weeks.

Anas T.U. Vs the Secretary — Service and Employment | Kerala HC (2023)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 7THDAY OF MARCH 2023 / 16TH PHALGUNA,1944
WP(C) NO. 7275 OF 2023

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PETITIONER/S:

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ANAS T.U.
AGED 38 YEARS, SON OF T.B. UMMER,
THIRUNILATH, CHERANELLOOR P.O
PALLIKAVALA, ERNAKULAM – 682034

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BY ADV I.DINESH MENON

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RESPONDENT/S:

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1THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
KAKKANAD, ERNAKULAM - 682030
2VISHNU PRASAD
SON OF RAVEENDRAN PILLAI 5/284,
SREESHYLAM, AROOR
ALAPPUZHA, PIN - 688534
3THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM., PIN - 695023

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SRI DEEPU THANKAN, SC
SMT AMMINIKUTTY, SR. GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON07.03.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P.(C) No.7275 of 2023 2

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JUDGMENT

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The petitioner is an existing operator holding a regular permit on the route Edakochi-Cheranellur. The petitioner states that the 1st respondent has been successively issuing temporary permits to the 2nd respondent by irregularly exercising such powers conferred on him. In the said circumstances, the petitioner is stated to have submitted Ext.P5 objection before the 1st respondent. Seeking expeditious consideration of Ext.P5, the petitioner has approached this court seeking the following reliefs:

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i. Declare that the first respondent cannot grant temporary permit on the route on the route Perumpadappu-Chittoor-Cheranelloor in respect of SC KL-07 BR 351 alleging it to be the vacancy of KL-01 AQ7878, as it is in violation of the scheme of nationalization dated 14.7.2009.

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ii. Issue a writ of mandamus or such other writs, order or direction directing the first respondent to consider Exhibit P5 objection raised by the petitioner against the grant of successive temporary permit to the second respondent on the route Perumpadappu-Chittoor- Cheranelloor in respect of SC KL-07 BR 351 alleging it to be the vacancy of KL-01 AQ 7878, as it is in violation of the scheme of nationalization dated 14.07.2009.

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W.P.(C) No.7275 of 2023 3

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The learned Government Pleader submits that Ext.P5 objection has

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not been received by the 1st respondent. It is further submitted that temporary permit has already been granted to the 2nd respondent for a period from 05/03/2023 to 24/03/2023. It is further submitted that as and when the 2nd respondent seeks renewal and if an objection is filed by the petitioner herein against the same, the same can be considered and appropriate order can be passed.

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Having regard to the submissions advanced, this writ petition is disposed of directing the 1st respondent to consider the objection, if any, filed by the petitioner against the application for grant of renewal of temporary permits submitted by the 2nd respondent, the same shall be considered before renewal of such application and appropriate orders shall be passed expeditiously, in any event, within a period of two weeks from the date of receipt of such application.

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This writ petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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NS

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W.P.(C) No.7275 of 2023 4

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APPENDIX OF WP(C) 7275/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE
EDAKOCHI-CHERANELLUR DATED 23.11.2018.
Exhibit P2TRUE COPY OF THE R.C.PARTICULARS OF S/C
KL-07-CE-3929.
Exhibit P3TRUE COPY OF THE STATUS REPORT SHOWING THE
PERMIT VALIDITY OF S/C KL-01-AQ-7878.
Exhibit P4TRUE COPY OF THE SCHEME GO[P] NO.42/2009/TRAN
DATED 14.7.2009.
Exhibit5TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER BEFORE THE FIRST RESPONDENT DATED
28.2.2023.

Anas T.U. v. the Secretary

Case brief

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Anas T.U. v. the Secretary

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