SUNNY MATHEW Vs. SECRETARY,REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Petitioner with intention to run the business of transport with usage of stage carriage permit had submitted an application for issuance of a regular permit on 26/9/2022 with a covering letter, Exts.P1 and P2. The application of the petitioner was considered in the meeting of the committee as per Agenda No.12 dtd. 29/11/2022 Ext.P4, the decision for allotment of the regular permit is awaited. In the meantime, respondent No.2, who is already the holder of a regular permit, also submitted an application for issuance of the timings on 6/10/2022 and since application was pending, approached this Court in W.P.(C).No.327582022. This Court vide judgment dtd. 14/10/2022 directed the competent authority to take a call on his application, but did not take into consideration that it may have an impact on the other holders of stage carriages. Petitioner, apprehending that there would be clash of timings, submitted an objection Ext.P8 dtd. 28/11/2022.

(2.) Learned counsel appearing on behalf of the petitioner submits that the only apprehension expressed in the present writ petition is that since the direction of this Court in order dtd. 14/10/2022 Ext.P6 pertains only to 2nd respondent, the competent authority may not hear the petitioner while considering the request of respondent No.2 for allotment of the timings.

(3.) Issue notice before admission. Sri.Jimmy George, learned Government Pleader accepts notice and submits that no cause of action has accrued in favour of the petitioner as, he, as on today, is not the holder of regular permit. He is only hopeful of getting it, the decision may either be in his favour or against, but submits that there cannot be any problem for hearing the objections, in case the petitioner is issued a regular permit.