K.T.Thomas vs The Secretary
2022 Latest Caselaw 6639 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. 18635 OF 2022
PETITIONER/S:

          K.T.THOMAS,
          KONDODICKAL HOUSE, UMBIDI P.O.,
          KOTTAYAM - 686539.

          BY ADV I.DINESH MENON



RESPONDENT/S:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, IDUKKI-685603.
          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. 18635 OF 2022         ..2..




                          JUDGMENT

The petitioner is a regular stage carriage operator on

the route Balanpilla City - Kottayam Medical College

(inter district). Ext.P2 is the regular permit issued to the

petitioner, which expired on 30.01.2022. Ext.P1

temporary permit issued to the petitioner is to expire on

19.06.2022. 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 WP(C) NO. 18635 OF 2022 ..3..

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.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. 18635 OF 2022       ..4..

                APPENDIX OF WP(C) 18635/2022

PETITIONER EXHIBITS

Exhibit P1    TRUE COPY OF THE TEMPORARY PERMIT 17.2.2022

VALID FROM 20.2.2022 TO 19.6.2022.

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT VALID FROM 31.01.2017 TO 30.01.2022.

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 3.6.2022.

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.