Jacob M. Mathew vs The Secretary
2022 Latest Caselaw 6582 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                        WP(C) NO. 18699 OF 2022
PETITIONER/S:

          JACOB M. MATHEW
          S/O MATHEW, MYLUNKAL HOUSE
          PANIPARA PO, KOTHAMANGALAM - 686 692


          BY ADV I.DINESH MENON



RESPONDENT/S:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY
          REGIONALA TRANSPORT OFFICE, IDUKKI - 685 603
          R BY GP SRI JIMMY GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18699 OF 2022       ..2..



                          JUDGMENT

The petitioner is a regular stage carriage operator

on the route Kanthalloor - Aluva (inter district). Ext.P2

is the regular permit issued to the petitioner, which

expired on 24.10.2021. Ext.P1 temporary permit issued

to the petitioner is expired on 07.06.2022. The petitioner

had already applied for renewal of regular permit.

Pending application for renewal, the petitioner has

submitted Ext.P8 application for temporary permit. The

limited relief prayed for in this writ petition is for a

consideration of Ext.P8 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

Ext.P7 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 WP(C) NO. 18699 OF 2022 ..3..

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.P8 application for temporary permit, within

a period of ten days 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



SB/09/06/2022
 WP(C) NO. 18699 OF 2022       ..4..



PETITIONER EXHIBITS

Exhibit P1    TRUE COPY OF THE TEMPORARY PERMIT 08.2.2022

VALID FROM 08.2.2022 TO 7.6.2022.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT VALID FROM 25.10.2016 to 24.10.2021

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 31.05.2022.

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

Exhibit P10 TRUE COPY OF THE JUDGMENT IN WP[C] NO.

17986/2022 DATED 3.6.2022.