IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 14668 OF 2022
PETITIONER:
BHASKARAN K,S/O.KRISHNAN, KILIVAYIL HOUSE,
P.O.IRINGALLUR, VENGARA, MALAPPURAM DISTRICT.
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
ANJALY T.A
RESPONDENTS:
1 THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,
VADAKARA - 673 513.
2 REGIONAL TRANSPORT AUTHORITY,VADAKARA, AT
KOZHIKODE - 673 513 REPRESENTED BY ITS SECRETARY.
SR.G.P SRI. BIMAL.K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.14668 of 2022
2
Sathish Ninan, J.
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W.P(C) No.14668 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
Petitioner in this writ petition claims to be a "saved permit holder". His application for renewal of permit and temporary permit are 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 grievance.
2. That the distance limit specified in Rule 2(oa) does not have any application with regard to "saved permits", has been held by a Division Bench of this Court in Kerala State Road Transport Corporation v. Saju Varkey and Ors. [2018 (4) KHC 617]. That the Government Orders brought in the year 2015 and 2020 are of no relevance in considering the rights of saved permit holders, has been held by this Court in Hyderali v. The Regional Transport Authority and Ors. in W.P.(C) No.8702/2021 and connected cases. The saved permit W.P(C) No.14668 of 2022 3 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.
In the light of the above it is ordered that the authority shall pass fresh orders on the applications for renewal of permit and for temporary permit pending renewal of regular permit submitted by the petitioner, in accordance with law. In order to enable the same, Ext.P4 order is quashed. Writ petition is disposed of as above.
Sd/- Sathish Ninan, Judge vdv W.P(C) No.14668 of 2022 4 W.P(C) No.14668 of 2022 5 APPENDIX OF WP(C) 14668/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.24234/2017 DATED 21/07/2017. Exhibit P2 TRUE COPY OF TEMPORARY PERMIT GRANTED BY THE 1ST RESPONDENT FOR FOUR MONTHS COMMENCING FROM 21/07/2019 ISSUED ON 19/07/2019.
Exhibit P3 TRUE COPY OF THE APPLICATION DATED 19/03/2022 FILED BY THE PETITIONER ALONG WITH A COPY OF THE LEASE AGREEMENT RELATING TO VEHICLE NO.KL- 10AV-637.
Exhibit P4 TRUE COPY OF THE ORDER NO.V-8/1567/2022 DATED 04/04/2022 ISSUED BY THE 1ST RESPONDENT REJECTING EXHIBIT P3 APPLICATION.
Exhibit P5 TRUE COPY OF THE JUDGMENT MADE WP(C) NO.11074/2020 DATED 12/01/2022 AND CONNECTED CASES.