High CourtsSingle Bench(2023) 06 KL CK 0308

Abdul Sathar P vs Secretary, Regional Transport Authority Malappuram, Civil Station, Malappuram P.O., Malappuram District, Pin 676505

High Court Of Kerala · Decided on 20 June 2023

HON’BLE JUDGES
C. S. Dias, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No.18250 Of 2023

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Judgment

9 paragraphs · 374 words

C. S. Dias, J

1.

The writ petition is filed to direct the first respondent to consider Ext.P4 request submitted by the petitioner, expeditiously.

2.

The petitioner’s case is that he is the registered owner of Stage Carriage vehicle bearing Reg.No.KL-55-E-2882. He is the holder of a regular permit to operate on the route Karulai – Manjeri Old Bus Stand. The validity of the permit expired on 14.02.2019. The petitioner is presently operating the vehicle now on the strength of a temporary permit, which is valid till 22.07.2023. While so, the permit holder of the vehicle bearing Reg.No.KL-58-4055 died. So, the petitioner has submitted Ext.P4 request, seeking permission to operate his vehicle in the timings of the vehicle KL-58-4055. Eventhough the application was submitted on 23.05.2023, the same has not been considered by the respondents. Hence, the writ petition.

3.

Heard; Sri.Saju.J Vallyara, the learned counsel appearing for the petitioner and Sri.Sreejith.V.S., the learned Government Pleader appearing for the respondents.

4.

Sri.Sreejith.V.S., on instructions, submitted that the petitioner’s request in Ext.P4 is untenable because he is already operating on the basis of a scheduled timings as per the permit that is issued in his favour. The petitioner cannot aspire to operate a vehicle on the basis  of  the  timings  in  respect  of KL-58-4055. Nonetheless, the first respondent will consider and dispose of Ext.P4 request in accordance with law, within a time period fixed by this Court.

5.

Having considered the pleadings and materials on record and taking note of the fact that Ext.P4 request is pending consideration before the first respondent, I deem it appropriate to direct the first respondent to consider and dispose of Ext.P4 expeditiously.

6.

Resultantly, the writ petition is ordered as follows:

(i) The first respondent is directed to consider and dispose of Ext.P4 request, in accordance with law and as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of the judgment, after affording the petitioner and all affected persons an opportunity of being heard.

(ii) This Court makes it clear that, it has not expressed any opinion on the merits of Ext.P4 application, which shall be considered by the first respondent solely in accordance with law.