Alex Jacob vs The Secretary, Regional ...
2022 Latest Caselaw 7548 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20585 OF 2022
PETITIONER:

          ALEX JACOB
          AGED 56 YEARS
          KAVALAM PUTHUPARAMBIL HOUSE,
          KAVALA, CHANGANACHERRY,
          KOTTAYAM - 686 101.

          BY ADV SRI. I.DINESH MENON


RESPONDENTS:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE,
          COLLECTORATE P. O.,
          KOTTAYAM - 686 002.

          SRI. JIMMY GEORGE - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20585 OF 2022

                             2




                          JUDGMENT

The petitioner is a stage carriage operator on

the route Kumaly-Kayamkulam. His application for

renewal of permit is not being considered for the

reason that, the route exceeds the limit specified

under Rule 2(OA) of the Kerala Motor Vehicles

Rules, 1989, is his contention.

2. A Division Bench of this Court in Kerala

State Road Transport Corporation v. Saju

Varkey and Ors. [2018 (4) KHC 617] has held

that, the distance limit specified in Rule 2(OA) of

the Rules does not have any application with regard

to 'saved permits'. This Court in Hyderali v. The

Regional Transport Authority and Ors. in W.P.

(C) No.8702/2021 and connected cases has held WP(C).No.20585 OF 2022

that, the Government orders brought in the year

2015 and 2020 are of no relevance in considering

the rights of saved permit holders. The saved

permit holders are entitled for renewal of their

permits till a valid scheme of nationalisation is

brought in, under the provisions of the Motor

Vehicles Act.

3. In the light of the above, it is declared that

the application for renewal of permits and for

temporary permit pending renewal of regular

permit if any, submitted by the petitioner are liable

to be considered without reckoning the route

length. Accordingly, 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.

It is made clear that I have not made any opinion WP(C).No.20585 OF 2022

on the merits of the writ petition or the matter

pending before the respondent.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20585 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE BASIC PERMIT VALID TILL 23/03/2012 ISSUED BY THE RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE DECISION OF R.T.A.

IDUKKI DATED 29/05/2012.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS GRANTING TEMPORARY PERMIT DATED 18/01/2017 ISSUED BY THE RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 20/06/2022.

     EXHIBIT P5          TRUE   COPY    OF    THE    JUDGMENT    IN
                         WP.C.NO.14788      OF      2020      DATED
                         12/01/2022.
     EXHIBIT P6          TRUE   COPY    OF    THE    JUDGMENT    IN
                         W.P.C.NO.18635      OF     2022      DATED
                         09/06/2022.

     RESPONDENT'S EXHIBITS:    NIL.