Bushara Nazar vs The Secretary, Regional ...
2021 Latest Caselaw 23472 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                         WP(C) NO. 26527 OF 2021


PETITIONER:

              BUSHARA NAZAR, W/O.LATE IBRAHIM NAZAR,
              VAZHAPULLY HOUSE, KURANELLUR,
              THRISSUR-679 552.

              BY ADVS.
              I.DINESH MENON
              L.RAJESH NARAYAN


RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
              PALAKKAD,REGIONAL TRANSPORT OFFICE,
              CIVIL STATION P.O., PALAKKAD-678 001.


              SR GP SMT AMMINIKKUTTY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26527/21
                                        2



                              JUDGMENT

The petitioner has approached this Court for the second time,

after having obtained Ext.P2 judgment in the first round of

litigation.

2. Sri.I.Dinesh Menon - learned counsel for the petitioner,

submitted that his client has been constrained to approach this

Court again, because the State Transport Appellate Tribunal (STAT)

is not sitting even now and therefore, that a fresh application for

Temporary Permit was submitted for the period until 31.12.2021.

He, therefore, prayed that the request made by his client be

acceded to, so that she can then approach the STAT appropriately

for her substantive prayers.

3. Smt.K.Amminikutty - learned Senior Government

Pleader, confirmed that the STAT is still not sitting; but added

that it is likely to commence functioning from the first week of

December 2021.

WPC 26527/21

Taking note of the afore submissions of the learned Senior

Government Pleader, I order this Writ Petition, directing that the

Temporary Permit now enjoyed by the petitioner will stand

extended until 31.12.2021; with liberty being reserved to her to

approach the STAT appropriately for further relief on her

substantive plea.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                                 JUDGE
 WPC 26527/21


                APPENDIX OF WP(C) 26527/2021

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE ORDER IN MP NO.614/2020

IN MVAA NO.135/2020 STAYING THE IMPUGNED ORDER DATED 20.11.2020.

Exhibit P2 TRUE COPY OF THE ORDER IN MP NO.615/2020 IN MAVAA NO.135/2020 DIRECTING ISSUANCE OF TEMPORARY PERMIT DATED 04.12.2020. Exhibit P3 TRUE COPY OF THE INTERIM ORDER IN MP NO.614/2020 IN MAVAA NO.135/2020 DATED 08.01.2021.

Exhibit P4 TRUE COPY OF THE INTERIM ORDER IN MP NO.59/2021 IN MAVAA NO.135/2020 DATED 12.02.2021.

Exhibit P5 TRUE COPY OF THE INTERIM ORDER IN MP NO.161/2021 IN MVAA NO.135/2020 DATED 01.07.2021.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER IN MP NO.238/2021 IN MVAA NO.135/2020 DATED 26.08.2021.

Exhibit P7 TRUE COPY OF THE ORDER IN MP NO.255/2021 IN MVAA NO.135/2020 DATED 03.09.2021. Exhibit P8 TRUE COPY OF THE TEMPORARY PERMIT ISSUED ON 21.10.2021 VALID TILL 31.10.2021. Exhibit P9 TRUE COPY OF THE DECISION REPORTED 2004 (3) KLT 595.

Exhibit P10 TRUE COPY OF THE PETITIONER FOR EXTENSION DATED 22.10.2021 PREFERRED BEFORE THE TRIBUNAL IN MP NO.330/2021. Exhibit P11 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 21.10.2021. Exhibit P12 TRUE COPY OF THE JUDGMENT IN WPC NO.23299/2021 DATED 29.10.2021. Exhibit P13 TRUE COPY OF THE TEMPORARY PERMIT DATED 02.11.2021 VALID TILL 30.11.2021. Exhibit P14 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 22.11.2021.