Chelsia Theresa George vs The Government Of Kerala
2021 Latest Caselaw 21383 Ker

WP(C) No.23682/2020                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
             Friday, the 29th day of October 2021 / 7th Karthika, 1943
                             WP(C) NO. 23682 OF 2020(I)
   PETITIONERS:

      1. CHELSIA THERESA GEORGE,AGED 21 YEARS,D/O LATE GEORGE CHERIYAN,
         PANACHIKALAYIL HOUSE, VETTIMUGAL P.O., ETTUMANOOR, KOTTAYAM,
         REPRESENTED BY HER POWER OF ATTORNEY HOLDER ELVIN SHAJI,AGED 28
         YEARS,S/O SHAJI KURUVILA,MONU VILLA HOUSE,VADAVATHOOR P.O,KOTTAYAM
         DISTRICT.
      2. SHAJI KURUVILA, AGED 57 YEARS,S/O V.K.KURUVILA MONU VILLA HOUSE,
         VADAVATHOOR P.O., KOTTAYAM DISTRICT.
      3. RENI PETER, AGED 46 YEARS,S/O PETER.P.C., PULINILKUMKALAYIL HOUSE,
         KOTHANALLUR P.O., KANAKKARI, VAIKOM, KOTTAYAM-686 632, REPRESENTED
         BY HIS POWER OF ATTORNEY HOLDER TOGY JOHN, S/O K.A.JOHN, AGED 49
         YEARS, KUPPATHANATHU HOUSE, KOTHANALLOOR, KOTTAYAM DISTRICT.

   RESPONDENTS:

      1. THE GOVERNMENT OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
         GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
      2. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS
         SECRETARY, CIVIL STATION, KAKKANAD P.O., ERNAKULAM-682 030.
      3. THE REGIONAL TRANSPORT AUTHORITY, KASARGOD, REPRESENTED BY ITS
         SECRETARY, COLLECTORATE P.O., KASARGOD-671 123.
      4. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS
         CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN,
         THIRUVANANTHAPURAM-695 004.
      5. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         MINISTRY OF LAW AND JUSTICE, 3RD FLOOR,"C" WING, LOK NAYAK BHAVAN,
         KHAN MARKET, NEW DELHI-110 003.
      6. THE SECRETARY TO THE UNION GOVERNMENT, MINISTRY OF ROAD TRANSPORT
         AND HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, NEW DELHI-110
         001.

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue necessary direction to respondents 2 and 3 to consider
   the Exhibit P15 to P24 renewal application of the petitioners
   provisionally and to issue permits beyond 140 kilometers without referring
   to the schemes and conditions framed under Chapter VI of the Motor
   Vehicles Act, 1988, pending disposal of this Writ Petition (Civil).
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S GEORGE POONTHOTTAM (SR.), SRI.ALEX.M.SCARIA, SMT.SARITHA THOMAS,
   SMT.NISHA GEORGE, SMT.APARNA ANIL Advocates for the petitioners,
   GOVERNMENT PLEADER for R1 to R3, STANDING COUNSEL for R4 and of ASG OF
   INDIA for R5 & R6, the court passed the following:
 WP(C) No.23682/2020                              2/3




                         Devan Ramachandran, J.
                       -------------------------------
              W.P(C)Nos.11074 of 2020, 11084 of 2020, 11229 of
             2020, 11470 of 2020, 13317 of 2020, 13473 of 2020,
             13619 of 2020, 14547 of 2020, 14788 of 2020, 14862
               of 2020, 14899 of 2020, 16274 of 2020, 16938 of
             2020, 20911 of 2020, 20969 of 2020, 21547 of 2020,
             22269 of 2020, 22705 of 2020, 23111 of 2020, 23682
               of 2020, 23761 of 2020, 8702 of 2021 & 11163 of
                                    2021
                     ------------------------------------
                   Dated this the 29th day of October, 2021

                                          O R D E R

Even though I have heard these matters

finally, I am unable to deliver judgment on

account of paucity of time today.

2. I, therefore, adjourn these matters to be

called on 08.11.2021; until which date, the status

quo with respect to the Temporary Permits of the

petitioners will be maintained.

3. To paraphrase, they be allowed to operate

in the manner as they are permitted today, until

the next posting date.

Sd/-

DEVAN RAMACHANDRAN JUDGE H/O

MC

29-10-2021 /True Copy/ Assistant Registrar WP(C) No.23682/2020 3/3

APPENDIX OF WP(C) 23682/2020 EXHIBIT P15 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER FOR RENEWAL OF PERMITS DATED 14.12.2017. EXHIBIT P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER FOR RENEWAL OF PERMITS DATED 19.09.2020. EXHIBIT P17 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER FOR RENEWAL OF PERMITS DATED 14.12.2017. EXHIBIT P18 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER FOR RENEWAL OF PERMITS DATED 19.09.2020. EXHIBIT P19 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER FOR RENEWAL OF PERMITS DATED 29.06.2018. EXHIBIT P20 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER FOR RENEWAL OF PERMITS DATED 29.06.2018. EXHIBIT P21 TRUE COPY OF THE APPLICATION IN RESPECT OF TEMPORARY PERMIT SUBMITTED BY THE 3RD PETITIONER DATED 10.07.2020.

EXHIBIT P22 TRUE COPY OF THE APPLICATION IN RESPECT OF TEMPORARY PERMIT SUBMITTED BY THE 3RD PETITIONER DATED 10.07.2020.

EXHIBIT P23 TRUE COPY OF THE APPLICATION IN RESPECT OF TEMPORARY PERMIT SUBMITTED BY THE 3RD PETITIONER DATED 11.07.2020.

EXHIBIT P24 TRUE COPY OF THE APPLICATION IN RESPECT OF TEMPORARY PERMIT SUBMITTED BY THE 3RD PETITIONER DATED 11.07.2020.