Kerala High Court
M.Yunus vs The Regional Transport Authority on 19 January, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 19TH DAY OF JANUARY 2017/29TH POUSHA, 1938
WP(C).No. 1918 of 2017 (L)
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PETITIONER(S):
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M.YUNUS,
AGED 26, S/O.MAJEED,
14/445 VENGATTU HOUSE, KARIMBA P.O.,
MANNARGHAT, PALAKKAD.
BY ADV. SRI.M.JITHESH MENON
RESPONDENT(S):
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1. THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, PIN-678 001.
2. THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, PIN-678 001.
BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-01-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
msv/
WP(C).No. 1918 of 2017 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DTD.13.7.2016.
P2 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER
DTD.1.12.2016.
P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE
KL-13/H.9574.
P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER
DTD.13.12.2016.
P5 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED
BY THE PETITIONER DTD.12.1.2017.
P6 TRUE COPY OF THE CHALAN RECEIPT DTD.12.1.2017.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.S.TO JUDGE
msv/
P.B.SURESH KUMAR, J.
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W.P.(C).No.1918 of 2017
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Dated this the 19th day of January, 2017
J U D G M E N T
The petitioner has been granted a regular permit to operate a stage carriage service as per Ext.P1 order. The petitioner, however, could not produce the records of the vehicle within the time stipulated. Consequently, he preferred Ext.P2 application for extension of time. Ext.P2 is required to be considered by the Regional Transport Authority. It is stated by the petitioner that though Ext.P2 application was listed before the Regional Transport Authority on 10/01/2017, it was adjourned. It is pointed out that the matter is again listed before the Regional Transport Authority on 21/01/2017. According to the petitioner, even if it is allowed, it will take some time for the permit to be issued. It is stated that the petitioner has already acquired the vehicle and since the permit W.P.(c).No.1918 of 2017 : 2 : is not issued, the vehicle is lying idle. As such, the petitioner applied for a temporary permit to operate service till the regular permit is issued. Ext.P5 is the application preferred by the petitioner in this connection. The grievance of the petitioner in the writ petition concerns the inaction on the part of the second respondent in considering Ext.P5 application.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
Having regard to the fact that the petitioner has been granted a regular permit, the writ petition is disposed of directing the second respondent to consider Ext.P5 application and grant the temporary permit sought by the petitioner, if there is no impediment for the same. This shall be done within a week from the date of receipt of a copy of this judgment.
Sd/-
P.B.SURESH KUMAR JUDGE rsr