High Court Kerala High Court

K.I. Usman vs The State Transport Appellate on 28 September, 2007

Kerala High Court
K.I. Usman vs The State Transport Appellate on 28 September, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3128 of 2007(V)


1. K.I. USMAN, KANNAMKULAM HOUSE,
                      ...  Petitioner

                        Vs



1. THE STATE TRANSPORT APPELLATE
                       ...       Respondent

2. THE REGIONAL TRANSPORT AUTHORITY,

3. THE SECRETARY, REGIONAL TRANSPORT

4. THE MANAGING DIRECTOR,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  :SHRI.JOHNSON P.JOHN, SC, KSRTC

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/09/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                   W.P.(C) NO. 3128 OF 2007
                 ====================

          Dated this the 28th day of September, 2007

                         J U D G M E N T

By Ext.P3 order, the permit applied for by the petitioner was

rejected making reference to the notification dated 9/5/06. This

order has been confirmed by the Tribunal in Ext.P7 judgment and

this writ petition has been filed challenging these two orders.

2. Now the notification dated 9/5/06 has lapsed and a

fresh notification has been issued on 9/5/07 and the petitioner

claims benefit thereof. In view of this subsequent development,

the matter requires to be reconsidered.

3. Accordingly, I dispose of this writ petition directing the

2nd respondent to consider and pass orders on the petitioner’s

application for regular permit untramelled by Exhibits P3 and P7.

This shall be done within six weeks of receipt of a copy of this

judgment, and orders shall be passed with notice to KSRTC.

WPC 3128/07
: 2 :

4. In the meantime, the petitioner will be at liberty to

make application for temporary permit, which will also be

considered.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp