K.P.Mahesh vs The Secretary on 1 December, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2758 of 2007()


1. K.P.MAHESH, MAHESH MANDIRAM,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

                For Petitioner  :SRI.G.PRABHAKARAN

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :01/12/2007

 O R D E R
                        H.L.Dattu, C.J. & K.M.Joseph, J.
                       -----------------------------------------------
                             W.A.No.2758 of 2007
                       -----------------------------------------------
                    Dated, this the 1st day of December, 2007

                                      JUDGMENT

H.L.Dattu,C.J.

Aggrieved by the orders passed by the learned Single Judge in

W.P.(C).No.27514 of 2007 dated 26th September, 2007, the petitioner in the

writ petition has presented this Writ Appeal.

(2) The only prayer made in the writ petition was to direct the

respondent – the Secretary, Regional Transport Authority, Kottayam – to

consider the application filed by the petitioner for grant of a temporary permit.

(3) On the submission made by the counsel appearing for the

State, the learned Single Judge disposed of the writ petition directing the

Regional Transport Authority, Kottayam to consider the application filed by the

petitioner for temporary permit in its next meeting.

(4) This appeal is filed by the writ petitioner-appellant on the

ground that the learned Single Judge, instead of directing the Regional

Transport Authority, Kottayam to consider the petitioner’s application, should

have directed the Secretary of the R.T.A., Kottayam to consider the application

of the petitioner and pass appropriate orders.

(5) Sri.M.P.Sreekrishnan, learned counsel appearing for the

State, would submit that, the Regional Transport Authority has not delegated

its powers to the Secretary of the Regional Transport Authority, Kottayam.

Therefore, submits that the Secretary has no power to consider the application

filed by the petitioner for the grant of a temporary permit. Further, the learned

Government Pleader would submit that the Regional Transport Authority,

Kottayam would hold its meeting on 7.12.2007 and further submits that the

W.A.No.2758 of 2007 – 2 –

Regional Transport Authority would consider the appellant’s application for

grant of temporary permit in that meeting.

(6) In view of the submissions made by the learned counsel

appearing for the respondent, in our opinion, no exception can be taken to the

orders passed by the learned Single Judge. Therefore, we do not find any

reason to interfere with the orders passed by the learned Single Judge.

Accordingly, the Writ Appeal requires to be rejected and it is rejected.

Ordered accordingly.

                                                        H.L.Dattu
                                                       Chief Justice



                                                      K.M.Joseph
vku/-                                                      Judge