Sabeena Tomy vs The Secretary
2022 Latest Caselaw 6400 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
      FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      WP(C) NO. 18043 OF 2022
PETITIONER:

          SABEENA TOMY,
          AGED 42 YEARS,
          W/O. TOMY MATHEW, CHITTAPPANATTU HOUSE,
          MUNDAKKAYAM P.O, MUNDAKKAYAM.

          BY ADV I.DINESH MENON


RESPONDENT:

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

          SRI.JIMMY GEORGE, GP
     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. 18043 OF 2022     -2-




                          JUDGMENT

The grievance of the petitioner is that for plying a

vehicle bearing No.KL-33 L 3425 on the route Kumaly -

Kottayam (inter district) was issued a regular stage

carriage permit dated 02.04.2015. The aforementioned

permit was valid from 22.05.2010 to 21.05.2015 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 30.05.2022 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) 18043/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT 8.2.2022.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT DATED 02.04.2019.

Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 14.07.2009.

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 20.08.2015.

Exhibit P6 TRUE COPY OF THE GO(MS) NO.

22/2020/TRANS DATED 01.07.2020.

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 30.05.2022.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 5636/2022 DATED 18.02.2022.