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A.J.JOHN, ALUNKAL HOUSE versus THE SECRETARY

High Court of Kerala

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A.J.JOHN, ALUNKAL HOUSE v. THE SECRETARY - WP(C) No. 34300 of 2006(G) [2007] RD-KL 7486 (11 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34300 of 2006(G)

1. A.J.JOHN, ALUNKAL HOUSE,
... Petitioner

Vs

1. THE SECRETARY,
... Respondent

2. JOHNSON A.MATHEW,

For Petitioner :SRI.O.D.SIVADAS

For Respondent :SRI.I.DINESH MENON

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR

Dated :11/04/2007

O R D E R

K.BALAKRISHNAN NAIR, J.

W.P.(C).No.34300 of 2006-G Dated this the 11th day of April, 2007

JUDGMENT

The petitioner challenges the successive issuance of temporary permits, to the second respondent, to operate on the route Kumaly- Konnakkad. According to him, the regular permit is not a valid permit for want of counter signature. Therefore, no permit could be issued under Section 87 (1) (d) of the Motor Vehicles Act.

2. The learned Government Pleader, upon instruction submitted that the temporary permit is being issued to the second respondent based on the decision of the R.T.A. dated 27-1-2005 authorising the Secretary to issue temporary permit.

3. Further, it is admitted by the petitioner that there is no time clash between the timings of his service on the route Pathanamthitta-Padichira and the service of the second respondent. Therefore, the petitioner has no locus standi to meddle in this matter even assuming that there is some illegality or irregularity in the operation of the service by the second respondent. The Writ Petition fails, and it is dismissed.

K.BALAKRISHNAN NAIR, JUDGE.

MS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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