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2024 Supreme(Online)(KER) 2520
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 8468 OF 2024 PETITIONER:
SHAJIKUTTAN D AGED 58 YEARS, S/O. DIVAKARAN, NOW RESIDING AT 'DEVIKRIPA', KIDANGAYAM, NADUVIL, SOORANADU SOUTH, PATHARAM PO, KOLLAM,, PIN – 690522.
BY ADV O.D.SIVADAS RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KOLLAM, PIN – 691506.
BY ADV.SRI.SREEJITH V.S, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.8468 of 2024 :2:
Competent authorities must consider applications for Temporary Permits in accordance with the law within a reasonable time.
Headnote:
TEMPORARY PERMIT - REGULAR PERMIT - SUBJECT TO STATUTORY SUPPORT - TO BE CONSIDERED BY COMPETENT AUTHORITY WITHIN REASONABLE TIME
Fact of the Case:
The petitioner, a grantee of a Regular Permit, applied for a Temporary Permit as the issuance of the Regular Permit was delayed due to a change of address. The petitioner's vehicle was lying idle.
Finding of the Court:
The court found that the petitioner's application for a Temporary Permit had statutory support and directed the respondent to consider the application within three weeks in accordance with the law.
Issues: Whether the petitioner was entitled to a Temporary Permit while waiting for the issuance of a Regular Permit.
Ratio Decidendi: The court held that the competent authority must consider applications for Temporary Permits in accordance with the law within a reasonable time.
Final Decision: The court directed the respondent to consider the petitioner's application for a Temporary Permit within three weeks and take an appropriate decision after giving an opportunity of hearing to the affected parties.
Dated this the 25th day of March, 2024 The petitioner is a grantee of Regular Permit and the timings have already been settled. But, the permit is not issued due to the change of address of the petitioner. Now the matter is placed before the Regional Transport Authority.
Since the petitioner's vehicle lying idle, the petitioner applied for Temporary Permit. The petitioner seeks a direction to grant and issue Temporary Permit till the issuance of Regular Permit.
2. It is evident that Ext.P6 is an application for Temporary Permit which has statutory support. Therefore, it is necessary that the competent authority considers Ext.P6
in accordance with law within a reasonable time.
W.P.(C) No.8468 of 2024 :3:
- The writ petition is therefore disposed of directing the respondent to consider Ext.P6 application for Temporary Permit and take appropriate decision thereon within a period of three weeks in accordance with law, after giving opportunity of hearing to the affected parties.
