IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20585 OF 2022
PETITIONER:
ALEX JACOB
AGED 56 YEARS
KAVALAM PUTHUPARAMBIL HOUSE,
KAVALA, CHANGANACHERRY,
KOTTAYAM - 686 101.
BY ADV SRI. I.DINESH MENON
RESPONDENTS:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE,
COLLECTORATE P. O.,
KOTTAYAM - 686 002.
SRI. JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20585 OF 2022
2
JUDGMENT
The petitioner is a stage carriage operator on the route Kumaly-Kayamkulam. His application for renewal of permit is not being considered for the reason that, the route exceeds the limit specified under Rule 2(OA) of the Kerala Motor Vehicles Rules, 1989, is his contention.
2. A Division Bench of this Court in Kerala State Road Transport Corporation v. Saju Varkey and Ors. [2018 (4) KHC 617] has held that, the distance limit specified in Rule 2(OA) of the Rules does not have any application with regard to 'saved permits'. This Court in Hyderali v. The Regional Transport Authority and Ors. in W.P. (C) No.8702/2021 and connected cases has held WP(C).No.20585 OF 2022 3 that, the Government orders brought in the year 2015 and 2020 are of no relevance in considering the rights of saved permit holders. The saved permit holders are entitled for renewal of their permits till a valid scheme of nationalisation is brought in, under the provisions of the Motor Vehicles Act.
3. In the light of the above, it is declared that the application for renewal of permits and for temporary permit pending renewal of regular permit if any, submitted by the petitioner are liable to be considered without reckoning the route length. Accordingly, 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. It is made clear that I have not made any opinion WP(C).No.20585 OF 2022 4 on the merits of the writ petition or the matter pending before the respondent.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20585 OF 2022 5 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE BASIC PERMIT VALID TILL 23/03/2012 ISSUED BY THE RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE DECISION OF R.T.A.
IDUKKI DATED 29/05/2012.
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS GRANTING TEMPORARY PERMIT DATED 18/01/2017 ISSUED BY THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 20/06/2022.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN
WP.C.NO.14788 OF 2020 DATED
12/01/2022.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN
W.P.C.NO.18635 OF 2022 DATED
09/06/2022.
RESPONDENT'S EXHIBITS: NIL.