Jaimol Reni vs The Secretary
2022 Latest Caselaw 8321 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                     WP(C) NO. 21618 OF 2022
PETITIONER:

            JAIMOL RENI
            AGED 46 YEARS
            W/O. RENI PETER,
            PULINILKUMKALAYIL HOUSE,
            KOTHANALLUR P. O,
            KOTTAYAM, REPRESENTED BY POWER OF ATTORNEY
            HOLDER TOGY JOHN,
            S/O. K.A. JOHN,
            KUPPATHANATHU HOUSE,
            KOTHANALLUR P. O,
            KOTTAYAM - 686 632.

            BY ADV SRI. I.DINESH MENON


RESPONDENT:

            THE SECRETARY
            REGIONAL TRANSPORT AUTHORITY,
            REGIONAL TRANSPORT OFFICE,
            ERNAKULAM - 682 030.

            SRI. V. K SUNIL - SR.GP



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.07.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.21618 OF 2022

                                    2




                              JUDGMENT

The petitioner is a regular stage carriage

operator on the route Manimala - Payyavoor (inter

district). The regular permit issued to the petitioner

expired on 24.02.2014. Ext.P1 temporary permit

issued to the petitioner is valid till 06.07.2022. The

petitioner had already applied for renewal of regular

permit. Pending application for renewal, the

petitioner has submitted Ext.P7 application for

temporary permit. The limited relief prayed for in

this writ petition is for a consideration of Ext.P7

application for temporary permit by the respondent.

It is submitted by the learned Counsel for the

petitioner that the petitioner is an existing operator

and can operate beyond 140 kms. This Court by WP(C).No.21618 OF 2022

Ext.P6 judgment has held that the existing operators

will be entitled to continue to operate until such time

as the Government brings out a modified or a new

Scheme as per the provisions of the Motor Vehicles

Act.

2. In the light of the directions in the above

judgment, there will be a direction to the respondent

to consider Ext.P7 application for temporary permit,

within a period of two weeks from the date of receipt

of a copy of this judgment. Till such time, status

quo as regards the operation on the basis of Ext.P1

temporary permit shall be maintained.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

SPR WP(C).No.21618 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE TEMPORARY PERMIT 14.03.2022 IN RESPECT OF STAGE CARRIAGE KL-67 C 1006.

EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED 14.07.2009.

EXHIBIT P3 TRUE COPY OF THE DECISION REPORTED IN 2018(4) KHC 617.

EXHIBIT P4 TRUE COPY OF ORDER GO(MS) NO.45/2015 DATED 20.08.2015.

EXHIBIT P5 TRUE COPY OF THE GO(MS) NO.

22/2020/TRANS DATED 01.07.2020. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

14788/2020 DATED 12.01.2022. EXHIBIT P7 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 18.06.2022. EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

17986/2022 DATED 03.06.2022. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

21265/2022 DATED 29.06.2022.

    RESPONDENT'S EXHIBITS:     NIL.