Habeeb P.A vs The Secretary
2022 Latest Caselaw 6372 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
                      RD
      FRIDAY, THE 3        DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                           WP(C) NO. 17986 OF 2022
PETITIONER:

          HABEEB P.A.,
          AGED 42 YEARS,
          S/O KASEEMKUNU, PALLIPARAMBIL HOUSE, MADUKKAMOODU,
          VEROOR, I.E.NAGAR P.O., CHANGANACHERRY.

          BY ADV I.DINESH MENON


RESPONDENTS:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, IDUKKI-685603.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17986 OF 2022     -2-



                          JUDGMENT

The grievance of the petitioner is that for plying a

vehicle bearing No.KL-33 H 805 on the route

Changanacherry - Nedumkandam (inter district) was

issued a regular stage carriage permit dated 05.09.2019.

The aforementioned permit was valid from 26.04.2016 to

25.04.2021 and thereafter application for renewal of the

permit was submitted but the same is not being

adjudicated owing to the dispute of plying the private

stage carriage permits beyond 140 k.m. The controversy

with regard to plying beyond that limit had already been

put to rest by this Court. In the meantime petitioner had

already obtained a temporary permit valid for a period of

four months, which would be expiring on 06.06.2022.

For renewal of the same, application Ext.P8 dated

27.05.2022 has been submitted to the concerned RTA.

The petitioner would suffer a loss in case the said

application is not disposed off expeditiously before the

expiry of the permit.

As the permit issued temporarily is to expire on

06.06.2022, I direct the respondent to consider Ext.P8

application by Monday so that the validity of the

temporary permit can be extended, by affording an

opportunity of hearing to the petitioner. Petitioner

would appear before the RTA on 06.06.2022 at 10 a.m.

Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 17986/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT 8.2.2022.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT DATED 5.9.2019.

Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 14.7.2009.

Exhibit P4 TRUE COPY OF THE DECISION REPORTED IN 2018[4] KHC 617.

Exhibit P5 TRUE COPY OF ORDER GO[MS NO.45/2015 DATED 20.8.2015.

Exhibit P6 TRUE COPY OF THE GO [MS] NO.22/2020/TRANS DATED 01.7.2020.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP[C]NO.14788/2020 DATED 12.01.2022.

Exhibit P8 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 27.5.2022.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN WP[C] NO.5636/2022 DATED 18.2.2022.