IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28789 of 2009(P)
1. C.B.SURESHKUMAR, CHILANGALIYATH HOUSE
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR
... Respondent
2. THE SECRETARY REGIONAL TRANSPORT
3. E.R.GOPALAKRISHNAN, ELATHUPARAMBA
For Petitioner :SRI.I.DINESH MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :14/10/2010
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P.(C)No.28789 Of 2009
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DATED THIS THE 14th DAY OF OCTOBER, 2010
J U D G M E N T
The main prayer in the Writ Petition is for a direction to the
Secretary, Regional Transport Authority, Kannur not to grant
further temporary permit on the route Kasaragod-Guruvayur as
Limited Stop Fast Passenger service in respect of stage carriage
KL-8B 2094. It is owned by the 2nd respondent. According to the
petitioner the vehicles has attained 5 years of age on 13.8.2009
and the same has not been replaced.
2. On behalf of the 2nd respondent, a counter affidavit has
been filed. It is pointed out that the vehicle was registered on
12.8.2004 and had completed five years on 11.8.2009 and after
11.8.2009, no temporary permit under Section 87(1)(d) was
issued to the vehicle and it is not conducting service. Now the
vehicle is under stoppage. The permit holder requested time for
replacing the vehicle by a later model vehicle. It is pointed out
that the timing conference fixed on 16.10.2009 was for the
variation and the same was postponed also. Further, it is pointed
out that the renewal of permit is for want of confirmation from
W.P.(C)No. 28789/09 -2-
sister RTAs under Section 87(1)9d) before attaining the age of
five years and no temporary permit under Section 87(1)9d) was
issued after the expiry of five years. In the light of the above
position, no further orders are called for in the Writ Petition and
the Writ Petition is hence disposed of in the light of the
averments in the counter affidavit filed by the 2nd respondent. No
costs.
T.R.RAMACHANDRAN NAIR, JUDGE.
dsn