A stage carriage operator sought disposal of a pending temporary permit application. The respondent had no objection; the court directed the Regional Transport Authority to decide the application on merit within fourteen days and disposed of the writ petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
WP(C) NO. 17187 OF 2024
PETITIONER:
MUSTAFA,
AGED 40 YEARS, S/O. AHMED KUTTY,
EDAKKARA HOUSE, VATTAPPARAMBU, PATHIRIYAL P. O.,
NILAMBUR, MALAPPURAM DISTRICT, PIN – 676123.
BY ADV.
SRI. O. D. SIVADAS
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, MALAPPURAM,PIN – 676101.
BY ADV.
SRI. E. G. GORDEN – SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17187 OF 2024
2
JOHNSON JOHN, J.
W.P.(C) No. 17187 of 2024
Dated this the 7th day of May, 2024
JUDGMENT
Exhibit P-9 application seeking temporary permit filed by the petitioner is pending before the respondent and that a direction for disposal of the same on merit within a time frame is required and, the learned Government Pleader has no objection.
Exhibit P-9 application on merit in accordance with law within
fourteen days from the date of receipt of a copy of this Judgment.
The writ petition is disposed of as above.
Sd/-
JOHNSON JOHN JUDGE
Svn
WP(C) NO. 17187 OF 2024
3
APPENDIX OF WP(C) 17187/2024
PETITIONER’S EXHIBITS
EXHIBIT P1TRUE COPY OF THE REGULAR PERMIT ISSUED BY THE
2ND RESPONDENT TO STAGE CARRIAGE BEARING NO.KL
18 D 0246 VALID TILL 2.1.2020
EXHIBIT P2 |
TRUE COPY OF THE29.08.2022 GRANTINPETITIONER |
DECISION OF THE RTA DATEDG RENEWAL OF PERMIT TO THE |
|---|---|---|
EXHIBIT P3 |
TRUE COPY OF THE15.12.2023 ISSUEPETITIONER'S STAGE |
TEMPORARY PERMIT VALID TILLD BY THE RESPONDENT TOCARRIAGE NO.KL 18 D 0426 |
EXHIBIT P4 |
TRUE COPY OF THEISSUED BY THETEMPORARY PERMIT |
PROCEEDING DATED 13.12.20232ND RESPONDENT DECLINING |
EXHIBIT P5TRUE COPY OF THE NOC IN RESPECT OF STAGE
CARRIAGE NO.KL 18 D 0426 ISSUED BY THE
FINANCIER
EXHIBIT P6TRUE COPY OF THE JUDGMENT IN WP (C) NO. 9307
OF 2024 DATED 26.03.2024 RENDERED BY THIS
HON'BLE COURT
EXHIBIT P7THE COPY OF THE INTERIM ORDER DATED 1.04.2024
IN MP NO. 728 2024 IN MVAA NO. 349 OF 2023
ISSUED BY THE HON'BLE STATE TRANSPORT
APPELLATE TRIBUNAL
EXHIBIT P8TRUE COPY OF THE TEMPORARY PERMIT DATED
16.02.2024 TO OPERATE SERVICE ON THE ROUTE FOR
A PERIOD OF 40 DAYS FROM 1.04.2024 TO
10.05.2024
EXHIBIT P9TRUE COPY OF THE APPLICATION FOR FURTHER ISSUE
OF TEMPORARY PERMIT ALONG WITH COVERING LETTER
DATED 23.04.2024 SUBMITTED TO THE RESPONDENT
EXHIBIT P10 |
TRUE COPY |
OF THE JUDGMENT IN WP(C) NO. 2902 OF |
|---|---|---|
2024 DATED |
23.01.2024 RENDERED BY THIS HON'BLE |
|
COURT |
1 issue framed by the court
Whether the RTA should be directed to dispose of the petitioner's pending Exhibit P-9 temporary permit application within a time frame?
Mustafa
The Secretary, Regional Transport Authority, Civil Station, Malappuram
Johnson John
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court