Stage carriage operators challenged a Temporary Permit granted to the 3rd respondent on an alleged 2013 vacancy without hearing them. The court disposed of the petition directing that any further application for reissuance of the Temporary Permit be considered after granting the petitioners an opportunity of hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945
WP(C) NO. 3286 OF 2024
PETITIONERS:
1 ANEESHAGED 48 YEARS
S/O P.K. BALAN, PONATH HOUSE,
AZHEEKODE LIGHT HOUSE,
THRISSUR DISTRICT., PIN - 600666
2 MILTONAGED 40 YEARS
S/O RAMAN, KIZHAKKEDATH HOUSE,
AZHEEKKODE LIGHT HOUSE,
THRISSUR DISTRICT., PIN – 600666
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY CIVIL STATION P.O., THRISSUR., PIN - 6860032 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, CIVIL STATION P.O., THRISSUR., PIN - 6860033 DILEEPKUMARAGED 48 YEARS
S/O KARUPPAN, VALIYAPARAMBIL HOUSE,
KOOLIMUTTOM P.O., KODUNGALLUR,
THRISSUR ., PIN – 680681
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.3286 of 2024
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JUDGMENT
Dated this the 12th day of March, 2024
The petitioners are Stage Carriage Operators operating on different routes within the jurisdiction of respondents 1 and
Permit has been issued to the 3rd respondent illegally. According to the petitioners, such permit has been issued as
the 3rd respondent approached this filing W.P.(C)
WP(C) No.3286 of 2024
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No.39706/2023 and Ext.P1 judgment was delivered with a direction to the respondent to consider Ext.P1 application of the petitioner expeditiously. If the Temporary Permit already granted to the 3rd respondent is reissued, the petitioners will be put to untold hardship and loss.
and the learned Government Pleader representing respondents 1 and 2.
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3rd respondent approached this Court filing W.P.(C) No.39706/2023 and this Court directed the respondent to consider and pass appropriate orders on Ext.P1 application for Temporary Permit made by the 3rd respondent.
WP(C) No.3286 of 2024
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3rd respondent for issuance of Temporary Permit can be considered, after grating an opportunity of hearing to the petitioners as well as the 3rd respondent.
In the circumstances, the writ petition is disposed of directing respondents 1 and 2 that if the 3rd respondent makes a further application for reissuance of Temporary Permit, such application shall be considered after granting an opportunity of hearing to the petitioners.
Sd/-
N.NAGARESH
JUDGE
spk
WP(C) No.3286 of 2024
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APPENDIX OF WP(C) 3286/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE JUDGMENT DATED 29-11-
2023 OF THIS HON'BLE COURT IN W.P.(C)
NO.39706 OF 2023
Exhibit P2TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER DATED
19-01-2024 BEFORE THE 2ND RESPONDENT
Exhibit P3TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER DATED
19-01-2024 BEFORE THE 2ND RESPONDENT
1 issue framed by the court
Whether a Temporary Permit issued to the 3rd respondent without hearing the petitioners should be reconsidered on reissuance application.
Aneesh
Milton
The Regional Transport Authority, Civil Station P.O., Thrissur
The Secretary, Regional Transport Authority, Civil Station P.O., Thrissur
Dileepkumar
N.NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court