U.D.Shani vs The Secretary
2022 Latest Caselaw 7184 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                        WP(C) NO. 20457 OF 2022
PETITIONER/S:

           U.D.SHANI
           AGED 42 YEARS
           S/O V.K. DAMODARAN, SHEENA NIVAS, PATHAYAKUNNU P. O.,
           THALASSERY, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
           SRI. NAJEEB. P. P. S/O. O.T. ABDULLA, RESIDING AT PAZHAYA
           PATTILATH HOUSE, KUNNUMKAI. P.O., BHEEMANADY, KASARGOD -
           671 314.

           BY ADV O.D.SIVADAS



RESPONDENT/S:

           THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KANNUR,

            PIN 670 002.

           BY GOVERNMENT PLEADER SRI. JIMMY GEORGE

    THIS WRIT PETITION (CIVIL) HAVING COME UP                     FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME                    DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.20457 OF 2022
                            2




                         JUDGMENT

The petitioner is a regular stage carriage operator

on the route Vellarikundu-Kozhikode. Ext.P1 is the

regular permit issued to the petitioner, which expired on

8.12.2014. The petitioner had already applied for

renewal of regular permit. Pending application for

renewal, the petitioner has submitted Ext.P4 application

for temporary permit. The limited relief prayed for in

this writ petition is for a consideration of Ext.P4

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.P3

judgment has held that the existing operators will be

entitled to continue to operate until such time as the WP(C) NO.20457 OF 2022

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.P4 application for temporary permit, within

a period of two weeks from the date of receipt of a copy

of this judgment.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

al/-

WP(C) NO.20457 OF 2022

APPENDIX OF WP(C) 20457/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER, VALID UP TO 9.12.2009 TO 8.12.2014.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT 4.3.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 12.1.2022 IN WP (C) NO. 6560 OF 2021 ON THE FILE OF THIS HON'BLE COURT.

Exhibit P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 4.3. 2021TO RESUME SERVICE.