IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18699 OF 2022
PETITIONER/S:
JACOB M. MATHEW
S/O MATHEW, MYLUNKAL HOUSE
PANIPARA PO, KOTHAMANGALAM - 686 692
BY ADV I.DINESH MENON
RESPONDENT/S:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY
REGIONALA TRANSPORT OFFICE, IDUKKI - 685 603
R BY GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a regular stage carriage operator on the route Kanthalloor - Aluva (inter district). Ext.P2 is the regular permit issued to the petitioner, which expired on 24.10.2021. Ext.P1 temporary permit issued to the petitioner is expired on 07.06.2022. The petitioner had already applied for renewal of regular permit. Pending application for renewal, the petitioner has submitted Ext.P8 application for temporary permit. The limited relief prayed for in this writ petition is for a consideration of Ext.P8 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 Ext.P7 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 WP(C) NO. 18699 OF 2022 ..3..
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.P8 application for temporary permit, within a period of ten days 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
SB/09/06/2022
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PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT 08.2.2022
VALID FROM 08.2.2022 TO 7.6.2022.
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT VALID FROM 25.10.2016 to 24.10.2021 Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 14.7.2009.
Exhibit P4 TRUE COPY OF THE DECISION REPORTED IN 2018[4] KHC 617.
Exhibit P5 TRUE COPY OF ORDER GO[MS NO.45/2015 DATED 20.8.2015.
Exhibit P6 TRUE COPY OF THE GO [MS] NO.22/2020/TRANS DATED 01.7.2020.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP[C]NO.
14788/2020 DATED 12.01.2022.
Exhibit P8 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 31.05.2022.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN WP[C] NO.5636/2022 DATED 18.2.2022.
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WP[C] NO.
17986/2022 DATED 3.6.2022.