IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 21620 OF 2022
PETITIONER:
JAIMOL RENI,
AGED 46 YEARS
W/O. RENI PETER,
PULINIKUMKALAYIL HOUSE,
KOTHANALLUR P. O, KOTTAYAM,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
TOGY JOHN, S/O. K.A. JOHN,
KUPPATHANATHU HOUSE,
KOTHANALLUR P. O,
KOTTAYAM - 686 632.
BY ADV SRI. I.DINESH MENON
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
ERNAKULAM - 682 030.
SRI. V.K SUNIL - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.21620 OF 2022
2
JUDGMENT
The petitioner is a regular stage carriage operator on the route Manimala - Payyavoor (inter district). The regular permit issued to the petitioner expired on 24.02.2014. Ext.P1 temporary permit issued to the petitioner is valid till 06.07.2022. The petitioner had already applied for renewal of regular permit. Pending application for renewal, the petitioner has submitted Ext.P7 application for temporary permit. The limited relief prayed for in this writ petition is for a consideration of Ext.P7 application for temporary permit by the respondent. It is submitted by the learned Counsel for the petitioner that the petitioner is an existing operator and can operate beyond 140 kms. This Court by WP(C).No.21620 OF 2022 3 Ext.P6 judgment has held that the existing operators will be entitled to continue to operate until such time as the Government brings out a modified or a new Scheme as per the provisions of the Motor Vehicles Act.
2. In the light of the directions in the above judgment, there will be a direction to the respondent to consider Ext.P7 application for temporary permit, within a period of two weeks from the date of receipt of a copy of this judgment. Till such time, status quo as regards the operation on the basis of Ext.P1 temporary permit shall be maintained.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.21620 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE TEMPORARY PERMIT 11.03.2022 IN RESPECT OF STAGE CARRIAGE KL 67 C 1009.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 14.07.2009.
EXHIBIT P3 TRUE COPY OF THE DECISION REPORTED IN 2018(4) KHC 617.
EXHIBIT P4 TRUE COPY OF THE ORDER GO(MS) NO.
45/2015 DATED 20.08.2015.
EXHIBIT P5 TRUE COPY OF THE G.O (MS) NO.
22/2020/TRANS DATED 01.07.2020. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
14788/2020 DATED 12.01.2022. EXHIBIT P7 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 18.06.2022. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
17986/2022 DATED 03.06.2022. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.C NO.
21265/2022 DATED 29.06.2022. RESPONDENT'S EXHIBITS:- NIL.