IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24559 of 2010(T)
1. USMAN, S/O.LATE SAINABA,
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
2. THE REGIONAL TRANSPORT AUTHORITY,
3. THE DISTRICT TRANSPORT OFFICER,
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :12/08/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.24559 of 2010
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Dated this the 12th August, 2010
JUDGMENT
The petitioner is the registered owner of a stage
carriage vehicle bearing Reg.No.KL-10/L 165. According
to the petitioner, his father was having a regular permit on
the route Mulanjur-Manjeri. Thereafter, though the
permit was transferred to his mother, the permit was not
subsequently renewed and it therefore lapsed.
Subsequently, the petitioner applied for the issue of a
temporary permit and has been conducting services on the
route continuously from February 2009 onwards. While
so, the application for temporary permit submitted by the
petitioner was rejected on the ground that a scheme of
nationalisation was in operation over the route. The
petitioner then submitted an application for the issue of a
temporary permit under Section 104 of the Motor Vehicles
Act, 1988 (the ‘Act’ for short). On receipt of the said
application, the second respondent addressed the Kerala
State Road Transport Corporation (‘KSRTC’ for short) to
wpc No.24559/2010 2
ascertain whether they have preferred any application for
the issue of a permit on the route and also to ascertain
whether they have any objection to the grant of a
temporary permit to the petitioner. The petitioner seeks a
direction for an early disposal of his application.
2. The Government Pleader on instructions submits
that the KSRTC has no objection to the application
submitted by the petitioner being considered. They have
also not applied for the grant of any permit on the route.
3. In the above circumstances, this writ petition is
disposed of directing the second respondent to consider
the application for temporary permit submitted by the
petitioner in accordance with law and to pass appropriate
orders thereon, as expeditiously as possible and at any
rate within a period of three weeks from the date of
receipt of a copy of this judgment.
K.SURENDRA MOHAN,
JUDGE
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