M. Gangadharan vs The Secretary
2022 Latest Caselaw 762 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
                          WP(C) NO. 1044 OF 2022
PETITIONER:

              M. GANGADHARAN,
              AGED 58 YEARS
              S/O. KUNHIRAMAN, ROSHNI HOUSE, SOUTH BAZAR, CIVIL
              STATION, P.O., KAKKAD ROAD, KANNUR 670 002.

              BY ADV O.D.SIVADAS



RESPONDENT:

     1        THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR 670
              002.

     2        ADDL.R2. SAMEEJA, W/O.MOHANAN MASTER, KUNIYIL HOUSE P.O.,
              KOHILANDY, KOZHIKODE
              (SOUGHT TO BE IMPLEADED)

     3        ADDL.R3. THE REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
              KANNUR, REPRESENTED BY ITS SECRETARY, PIN - 670 001
              (SOUGHT TO BE IMPLEADED)

              BY ADV I.DINESH MENON

              BY SR.GOVT.PLEADER:SRI.JOBY JOSEPH




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2
WP(C) NO. 1044 OF 2022




                               JUDGMENT

The petitioner and the additional second respondent

are rival stage carriage operators. The petitioner held

a regular permit on the route Kanhanad - Payyannur -

Kannur - Kozhikode in respect of vehicle bearing No.KL-

60-F-8490. The application for renewal of permit,

curatilment of route, and replacement of the vehicle are

pending consideration. In the meantime, the petitioners

have filed an application for issuance of temporary

permit under Section 87 (1)(c) of the Motor Vehicles

Act.

2. The additional second respondent opposes the

consideration of application for renewal of permit since

according to him, the petitioner had obtained a

clearance certificate in respect of stage carriage KL-

60-F-8490 and that the permit does not survive.

WP(C) NO. 1044 OF 2022

3. It is for the authority to consider the applications

on its merits; the objections raised by the additional

second respondent can also be considered. On the facts

as noticed, the application for issuance of temporary

permit though submitted under Section 87(1)(d), is

liable to be considered only after Section 87(1)(c).

Further, in the application of the petitioner as sought

for temporary permit for a period of 4 months, in the

light of Rule 170 of the Kerala Motor Vehicle Rules, the

same is not permissible, the rule being an inter-

district one.

Accordingly, the writ petition is disposed of with

the following directions:

"(1) The application for renewal of permit and

curtailment of route shall be taken up for consideration

initially and orders passed.

(2) Thereafter, the application for replacement

shall be considered and orders passed.

(3) The orders as above shall be passed within a

WP(C) NO. 1044 OF 2022

period of two months from the date of receipt of a copy

of this judgment.

(4) Orders shall be passed on the temporary permit

application treating it to be one under Section 87(1)(c)

of the Motor Vehicles Act, within a period of two weeks

from the date of receipt of a copy of this judgment.

(5) The petitioner and the additional 2 nd

respondent shall be put on notice and heard, while

considering the applications."

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 1044 OF 2022

APPENDIX OF WP(C) 1044/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 03.06.2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 25.03.2015.

Exhibit P3 TRUE COPY OF JUDGMENT IN M.V. A.A. 4/2017 DATED 25/11/2017 BEFORE THE HONBLE COURT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 12.11.2022 FOR RENEWAL OF PERMIT SUBMITTED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.11.2022 FOR VARIATION/CURTAILMENT SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE APPLICATION FOR REPLACEMENT OF THE VEHICLE SUBMITTED BY THE PETITIONER.

Exhibit P7 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 12/11/2022 SUBMITTED BY THE PETITIONER.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO. 26027 OF 2021 DATED 3.12.2021 RENDERED BY THIS HONBLE COURT.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED 22.12.2021 WITH TEMPORARY PERMIT ON THE MODIFIED ROUTE.

Exhibit P10 THE COPY OF THE APPLICATION FOR RE- ISSUE OF TEMPORARY PERMIT ON THE MODIFIED ROUTE DATED 7.01.2022.

WP(C) NO. 1044 OF 2022

APPENDIX OF WP(C) 1044/2022

PETITIONER EXHIBITS

Exhibit R-2(a) TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO SC KL-53 3963 DATED 25.9.2018

EXHIBIT R-2(b) TRUE COPY OF THE WRIT PETITION IN WP(C).NO.26067/21