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2019 Supreme(Ker) 1032

ANIL K.NARENDRAN
Baby K, S/o. Damodaran – Appellant
Versus
Secretary, Regional Transport Authority – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.I.DINESH MENON
For the Appellant : Sri Manu Raj K.J- Government Pleader

JUDGMENT :

The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-58/D-4063 with date of registration of 8.7.2010, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P1 application for temporary permit on the route Kakkattu-Theekuni-Vadakara in respect of the aforesaid stage carriage in the defaulted vacancy of stage carriage bearing registration No.KL-13/M-2707 pointing out the temporary need of Onam festival as so many people are visiting Mamanam Temple during Onam season.

2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondent.

3. The learned Government Pleader would submit that the respondent shall consider Ext.P1 application made by the petitioner for temporary permit on the route in question, invoking the provisions under clause (c) of sub-section (1) of Section 87 of the Motor Vehicles Act, 1988, with notice to the petitioner and after affording him an opportunity of being heard.

4. Section 87 of the Motor Vehicles Act deals with temporary permits. As per sub-section (1) of Section 87, a Re

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