Nazar U vs The Secretary on 24 October, 2016

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Kerala High Court

Nazar U vs The Secretary on 24 October, 2016

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

   WEDNESDAY, THE 2ND DAY OF NOVEMBER 2016/11TH KARTHIKA, 1938

                  WP(C).No. 35060 of 2016 (F)
                  ----------------------------


PETITIONER:
-----------

           NAZAR U,  ASMA MANZIL,
           MANANAKKU, PERUMKULAM PO,
           ATTINGAL.


            BY ADV. SRI.G.PRABHAKARAN

RESPONDENT:
-----------

           THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY,
           ATTINGAL (RURAL) - 695 101.


           BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA


       THIS WRIT PETITION (CIVIL)  HAVING COME UP FOR ADMISSION
       ON  02-11-2016, THE COURT ON THE SAME DAY DELIVERED THE
       FOLLOWING:
mbr/

WP(C).No. 35060 of 2016 (F)
----------------------------

                            APPENDIX

PETITIONER(S)' EXHIBITS:
-----------------------

P1     :     TRUE COPY OF THE TEMPORARY PERMIT APPLICATION
             DATED 24.10.2016 ON THE ROUTE ATTINGAL - ATTINGAL
             FOR THE VEHICLE KL 2/T 5290, IN PLACE OF
             KL 1/C 7243.

P2     :     TRUE COPY OF THE CHELAN RECEIPT DATED 24.10.2016

P3     :     TRUE COPY OF THE JUDGMENT DATED 6.1.2014 IN
             WPC NO.32259/13.


RESPONDENT(S)' EXHIBITS:         NIL
-----------------------


                                            //TRUE COPY//


                                            P.S. TO JUDGE
mbr/



                P.B. SURESH KUMAR, J.

      == == == == == == == == == == ==

              W.P.(C).No.35060 of 2016

      == == == == == == == == == == ==

     Dated this the 2nd day of November, 2016


                       JUDGMENT

The petitioner has applied for a temporary permit to operate a stage carriage service in the defaulted vacancy of a service operating on a regular permit. Ext.P1 is the application preferred by the petitioner for grant of temporary permit. The grievance of the petitioner in the writ petition concerns the inaction on the part of the respondent in considering Ext.P1 application.

2. Heard the learned counsel for the petitioner as also the learned Government Pleader.

3. Having regard to the facts and circumstances, the writ petition is disposed of directing the respondent to consider Ext.P1 application and grant the temporary permit sought by the petitioner without prejudice to the right of the regular permit holder to resume service, if there is no other better claimant for the 2 W.P.(C).No.35060 of 2016 grant sought by the petitioner. This shall be done within two weeks from today.

Sd/-

P.B. SURESH KUMAR, JUDGE rsr

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