Bushara Nazar vs The Secretary
2021 Latest Caselaw 21476 Ker

               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. 23200 OF 2021
PETITIONER:

          DHRISYA P., AGED 31 YEARS,
          D/O.LAKHMANAN, RAMABHAVAN, MUNDALLUR P.O., KANNUR.

          BY ADVS.
          I.DINESH MENON
          L.RAJESH NARAYAN



RESPONDENTS:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          KANNUR, REGIONAL TRANSPORT OFFICE, KANNUR - 670 001.

          BY ADV.SMT.K.AMMINIKKUTTY, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG
WITH W.P.(C)NO.23299/2021 ON 29.10.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS.23200 & 23299 OF 2021
                                  -2-

            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. 23299 OF 2021
PETITIONER:

            BUSHARA NAZAR, W/O. LATE IBRAHIM NAZAR,
            VAZHAPULLY HOUSE, KUMARANELLUR, THRISSUR-679552.

            BY ADVS.
            I.DINESH MENON
            L.RAJESH NARAYAN



RESPONDENT:

            THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, PALAKKAD,
            REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
            PALAKKAD-678001.

            BY ADV.SMT.K.AMMINIKUTTY, SR.GP


     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ALONG WITH W.P.(C)NO.23200/2021 ON 29.10.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS.23200 & 23299 OF 2021
                               -3-

                            JUDGMENT

[WP(C) No.23200 of 2021, WP(C) No.23299 of 2021]

The singular reason why the petitioners in

these cases have approached this Court is because

the jurisdictional State Transport Appellate

Tribunal (STAT) is presently not sitting.

2. This is admitted by the learned Senior

Government Pleader - Smt.K.Amminikutty also.

3. Obviously, therefore, the petitioners

cannot be put to unreasonable prejudice for no

fault of theirs; and am of the firm view that the

Temporary Permits now being enjoyed by them must

stand extended for a short period, so that the

Tribunal can then decide their case on merits.

In the afore circumstances, I dispose of this

writ petition to the limited extent of ordering

that the Temporary Permits now enjoyed by the

petitioners will remain in force until 31.11.2021; WP(C) NOS.23200 & 23299 OF 2021

with liberty being reserved to them to approach

the STAT appropriately for further relief on their

substantive prayers.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NOS.23200 & 23299 OF 2021

APPENDIX OF WP(C) 23200/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 9/1/2020.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER PASSED BY THE TRIBUNAL IN M.P.NO.641/2020 IN MVAA NO.146/2020 DATED 27/11/2020.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN MP NO.2/2021 IN MVAA NO.146/2020 DATED 01/01/2021.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN MP NO.197/2021 IN MVAA NO.146/2020 DATED 5/8/2021.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN MP NO.268/2021 IN MVAA NO.146/2020 DATED 9/9/2021.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER IN MP NO.293/2021 IN MVAA NO.146/2020 DATED 24/9/2021.

EXHIBIT P7 TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 30/10/2021.

EXHIBIT P8 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 21/10/2021.

EXHIBIT P9 TRUE COPY OF THE PETITION FOR EXTENSION DATED 22/10/2021 PREFERRED BEFORE THE TRIBUNAL AS M.P.NO.328/2021. WP(C) NOS.23200 & 23299 OF 2021

APPENDIX OF WP(C) 23299/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER IN M.P.NO.614/2020 IN MVAA NO.135/2020 STAYING THE IMPUGNED ORDER DATED 20.11.2020.

EXHIBIT P2 TRUE COPY OF THE ORDER IN M.P.NO.615/2020 IN MVAA NO.135/2020 DIRECTING ISSUANCE OF TEMPORARY PERMIT DATED 4.12.2020.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN MP NO.614/2020 IN MVAA NO.135/2020 DATED 8.1.2021.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN MP NO.59/2021 IN MVAA NO.135/2020 DATED 12.2.2021.

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN MP NO.161/2021 IN MVAA NO.135/2020 DATED 1.7.2021.

EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER IN MP NO.238/2021 IN MVAA NO.135/2020 DATED 26.8.2021.

EXHIBIT P7 TRUE COPY OF THE ORDER IN M.P.NO.255/2021 IN MVAA NO.135/2020 DATED 3.9.2021.

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.

WP(C) NOS.23200 & 23299 OF 2021

EXHIBIT P10 TRUE COPY OF THE PETITION FOR EXTENSION DATED 22.10.2021 PREFERRED BEFORE THE TRIBUNAL IN M.P.NO.330/2021.

EXHIBIT P11 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 21.10.2021.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE