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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 21187 OF 2022
PETITIONER:
TIJO JOBY,
AGED 36 YEARS,
NADUVAKKATTU HOUSE, KAPPADU P.O.,
KANJIRAPPALLY, KOTTAYAM
BY ADV P.DEEPAK
RESPONDENTS:
1 THE GOVERNMENT OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPUR - 695 001
2 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI, REPRESENTED BY ITS SECRETARY,
CIVIL STATION, PAINAVU, IDUKKI-685 603
3 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, IDUKKI,
CIVIL STATION, PAINAVU, IDUKKI-685 603
4 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
TRANSPORT BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004
BY SRI.JIMMY GEORGE, GP
ADV.DEEPU THANKAN, SC, KSRTC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No. 21187 OF 2022
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MURALI PURUSHOTHAMAN, J.
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WP(C) No. 21187 OF 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The petitioner is a stage carriage operator on the route THEKKADY - ERNAKULAM. 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 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 WP(C) No. 21187 OF 2022 3 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 permit 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.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE nk WP(C) No. 21187 OF 2022 4 APPENDIX OF WP(C) 21187/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER VALID TILL 24/06/2022 ON THE ROUTE THEKKADY - ERNAKULAM.
Exhibit P2 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 03/06/2022. Exhibit P3 A TRUE COPY OF THE JUDGEMENT DATED 23/05/2022 IN WPC NO. 28854 OF 2020.