K.Karunakaran vs The Regional Transport Authority on 23 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37483 of 2007(K)


1. K.KARUNAKARAN, S/O. KUNHUKUNHU,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE REGIONAL TRANSPORT OFFICER,

                For Petitioner  :SRI.K.RAVEENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

 Dated :23/05/2008

 O R D E R

K.BALAKRISHNAN NAIR, J.

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Writ Petition (C) No.37483 of 2007-K

——————————————————————————–

Judgment

The petitioner applied for a four month’s temporary permit on the route

Keerikadu jetty-Sasthamkotta in respect of his stage carriage KL-04/K-8953.

In respect of the very same vehicle, he applied for a 20 days’ temporary permit

on the very same route. Both the applications were rejected. The 4 months’

temporary permit application was rejected by the RTA, Alappuzha by Ext.P7

order dated 06.12.2007. The 20 days’ temporary permit application was

rejected by the Secretary, RTA, Alappuzha by Ext.P8 order dated 03.12.2007.

Challenging those orders, this Writ Petition is filed. The applications were

rejected based on the finding that there was no temporary need on the route.

The four months’ temporary permit application was rejected on a further

ground that the route overlaps a notified route.

2. The absence of need for grant of temporary permit is a finding

of fact made by the competent authority, with which this court cannot

interfere. Accordingly, the Writ Petition is dismissed. But, this will not

affect the right of the petitioner to move again for temporary permit if

WPC 37483/07 2

temporary need subsists now.

23.05.2008                       K.BALAKRISHNAN NAIR,JUDGE




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