Allowed

Dhrisya P., v. the Secretary

Kerala HC26 May 2023WP(C)/8548/2023

Case brief

AI extract

What is this about?

In WP(C) 8548 of 2023, a transport permit holder sought a direction to the respondent authorities to dispose of her pending applications for renewal and variation of her stage carriage permit. The High Court of Kerala directed disposal within a time frame and permitted temporary operation.

What did the court decide?

The first respondent is directed to consider and dispose of the Ext.P8 application and variation application within a time frame. Pending disposal, the petitioner is permitted to operate on a curtaile

Dhrisya P., Vs the Secretary — Arbitration | 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 C.S.DIAS

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FRIDAY, THE 26TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945

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WP(C) NO. 8548 OF 2023

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PETITIONER:

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DHRISYA P.,
AGED 30 YEARS
DAUGHTER OF LAKSHMANAN,
RAMABHAVAN, MUNDALUR P.O.,
KANNUR., PIN – 670622

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BY ADV I.DINESH MENON

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RESPONDENTS:

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1THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KANNUR., PIN – 670001

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2THE MANAGING DIRECTOR,
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O.,
THIRUVANANTHAPURAM ., PIN – 695023

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BY ADVS. P.C.CHACKO

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GOVERNMENT PLEADER SRI.SREEJITH.S.N

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8548 OF 2023

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Dated this the 26^th day of May, 2023

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JUDGMENT

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The writ petition is filed to direct the first

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respondent to consider and dispose of Ext.P8 application for temporary permit in respect of a stage carriage vehicle bearing registration No. KL-13 AD 4044, expeditiously.

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The petitioner’s case is that, she is the holder of a regular permit of the above vehicle. The petitioner has preferred an application for variation to restrict the route. In the interregnum period, the petitioner was operating on the strength of a temporary permit on the restricted route. The application to re-issue the temporary permit was submitted on 18.3.2023.

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However, no action has been taken on the same. Hence, the writ petition.

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Heard; I. Dinesh Menon, the learned counsel appearing for the petitioner, the learned Government

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WP(C) NO. 8548 OF 2023

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Pleader appearing for the first respondent and Sri. P.C.Chacko, the learned Standing Counsel appearing for the 2nd respondent.

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Having considered the fact that the applications for variation and renewal are pending consideration before the first respondent, I deem it appropriate to direct the first respondent to consider and dispose of Ext.P8 application and the application for variation, within the time frame.

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Resultantly, I dispose of the writ petition as follows:-

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(i) The first respondent is directed to consider and dispose of Ext.P8 application, in accordance with law, after affording the petitioner and the second respondent an opportunity of being heard.

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(ii) Until such time orders are passed on Ext.P8 application, the petitioner is permitted to operate, on the strength of Ext.P6 temporary permit on the curtailed

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WP(C) NO. 8548 OF 2023

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route i.e. below 140 kms with the existing timing and the existing permit, till a decision is taken on the application

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for variation.

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The writ petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

rmm26/5/2023

WP(C) NO. 8548 OF 2023

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APPENDIX OF WP(C) 8548/2023

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `A TRUE COPY OF THE SCHEME NOTIF` `NO.` `GO[P]` `NO.8/2017/TRANS` `23.3.2017.`	`ICATION` `DATED`
`Exhibit`	`P2` `TRUE COPY OF THE JUDGMENT` `12.1.2022 IN W.P.C.NO.14788 OF 202`	`DATED` `0.`
`Exhibit`	`P3` `TRUE COPY OF THE ORDER DATED 14` `IN W.A.NO.887 OF 2022.`	`.7.2022`
`Exhibit`	`P4` `A TRUE COPY OF THE TEMPORARY` `ISSUED` `TO` `THE` `PETITIONER` `5.11.2022.`	`PERMIT` `DATED`
`Exhibit`	`P5` `A TRUE COPY OF THE ORDE` `B1/136/2022-TRAN DATED 31.10.2022` `BY GOVERNMENT OF KERALA.`	`R NO.` `ISSUED`
`Exhibit`	`P6` `A TRUE COPY OF THE TEMPORARY` `ISSUED` `TO` `THE` `PETITIONER` `11.11.2022.`	`PERMIT` `DATED`
`Exhibit`	`P7` `TRUE COPY OF THE JUDGMENT IN` `NO.29105/2022 DATED 14.9.2022.`	`WP[C]`
`Exhibit`	`P8` `A TRUE COPY OF THE SAID APPLICATI` `TEMPORARY PERMIT SUBMITTED B` `PETITIONER DATED 08.03.2023.`	`ON FOR` `Y THE`
`Exhibit`	`P9` `A TRUE COPY OF THE INTERIM OR` `WP[C] NO.6806/2023 DATED 3.3.2023.`	`DER IN`

Dhrisya P., v. the Secretary

Case brief

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Dhrisya P., v. the Secretary

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