U.D.Shani vs The Secretary

Kerala High Court

U.D.Shani vs The Secretary on 23 June, 2022

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 20457 OF 2022
PETITIONER/S:

           U.D.SHANI
           AGED 42 YEARS
           S/O V.K. DAMODARAN, SHEENA NIVAS, PATHAYAKUNNU P. O.,
           THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
           SRI. NAJEEB. P. P. S/O. O.T. ABDULLA, RESIDING AT PAZHAYA
           PATTILATH HOUSE, KUNNUMKAI. P.O., BHEEMANADY, KASARGOD -
           671 314.

           BY ADV O.D.SIVADAS



RESPONDENT/S:

           THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR,

            PIN 670 002.

           BY GOVERNMENT PLEADER SRI. JIMMY GEORGE

    THIS WRIT PETITION (CIVIL) HAVING COME UP                     FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME                    DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.20457 OF 2022
                            2




                         JUDGMENT

The petitioner is a regular stage carriage operator on the route Vellarikundu-Kozhikode. Ext.P1 is the regular permit issued to the petitioner, which expired on 8.12.2014. The petitioner had already applied for renewal of regular permit. Pending application for renewal, the petitioner has submitted Ext.P4 application for temporary permit. The limited relief prayed for in this writ petition is for a consideration of Ext.P4 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.P3 judgment has held that the existing operators will be entitled to continue to operate until such time as the WP(C) NO.20457 OF 2022 3 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.P4 application for temporary permit, within a period of two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT 4.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 12.1.2022 IN WP (C) NO. 6560 OF 2021 ON THE FILE OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 4.3. 2021TO RESUME SERVICE.