Sajeev.P.Thomas vs Secretary

The petitioner who is stated to be a carriage operator, holder of Ext.P1 temporary permit, operating on the route Kodungalloor- Malampuzha via Vellangalloor, Irinjalakuda, Thrissur, Vaniyampara, Wadakkanchery, Alathoor, Kozhamannam and Palakkad as Limited Stop Ordinary Service in respect of stage carriage bearing registration No. KL-09 AQ 9192 in the defaulted vacancy of stage carriage vehicle bearing registration No.KL-08 AL 627, which is valid till 1.6.2019 has filed this writ petition under Article 226 of the Constitution of India for the following reliefs:

i. issue a writ in the nature of mandamus or such other writ, order or direction, directing the Secretary, RTA, Thrissur to consider Ext.P4 application for re-issue of temporary permit on the route Kodungallur-Malampuzha in respect of stage carriage KL-09 AQ 9192 in place of SC KL-08 AL 627 and grant the same if there is no other legal impediment;

ii. issue a writ in the nature of mandamus or such other writ, order or direction, directing the Secretary, RTA, Thrissur to maintain status-quo of operation on the route Kodungallur-Malampuzha in respect of stage carriage KL-09 AQ 9192 in place of SC KL-08 AL 627 in continuation of the existing temporary permit valid till 1.6.2019, till a decision is taken on Ext.P4 application for re-issue of temporary permit.

Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondent.

The learned counsel for the petitioner would submit that Ext.P4 application dated 28.5.2019 made by the petitioner for re-issue of temporary permit, which is supported by Ext.P5 chalan is pending consideration before the respondent.

The learned Senior Government Pleader would submit that the respondent shall consider Ext.P4 application and pass appropriate orders thereon with notice to the petitioner and after affording him an opportunity of being heard.

Having considered the submission made by the learned counsel on both sides, this writ petition is disposed of by directing the respondent to consider and pass appropriate orders on Ext.P4 application for temporary permit made by the petitioner, in the vacancy of stage carriage vehicle bearing registration No.KL-08 AL 627. Necessary orders in this regard shall be passed as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of this judgment.

Till such time, status-quo as on 1.6.2019 in respect of Ext.P1 temporary permit shall be maintained, if that vacancy still exists.

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TEMPORARY PERMIT DATED 16.05.2019.

EXHIBIT P2 TRUE COPY OF THE TEMPORARY PERMIT DATED 30.3.2019.

EXHIBIT P3 TRUE COPY OF THE TEMPORARY PERMIT DATED 25.4.2019.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 28.5.2019.

EXHIBIT P5 TRUE COPY OF THE CHALAN DATED 28.5.2019.