Paranthaman vs The Secretary
2022 Latest Caselaw 7800 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
       TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                        WP(C) NO. 20855 OF 2022
PETITIONER/S:

           PARANTHAMAN
           S/O. KRISHNAMOORTHI, CHALAKULAM HOUSE, EDAPPULLY P.O.,
           PALAKKAD 678 001.

           BY ADV I.DINESH MENON



RESPONDENT/S:

           THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY, PALAKKAD REGIONAL TRANSPORT
           OFFICE, CIVIL STATION P.O., PALAKKAD 678 001.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20855 OF 2022
                                     2



                              JUDGMENT

The petitioner was the holder of a regular permit on the route

Kozhinjampara-Palakkad which was valid till 19.10.2019. The

petitioner submitted Ext.P1 application for renewal on 9.10.2019.

Since there was a delay in submitting the application for renewal,

the same was accompanied by another application for condoning

delay. Pending consideration of the application for renewal as well

as the application for delay, the petitioner applied for temporary

permit, vide Ext.P7. The petitioner prays for consideration of

Ext.P7 application for temporary permit treating it as an

application under Section 87(1)(c) of the Motor Vehicle Act, 1988.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondent.

In the facts and circumstances of the case and in the light of

Exts.P4 and P5 order / judgment of this Court, there will be a

direction to the respondent to consider Ext.P7 application for

temporary permit in respect of the stage carriage of the petitioner

KL-10 T 0472 by treating the application as one filed under Section

87(1)(c) of the Motor Vehicles Act, 1988 and pass appropriate WP(C) NO. 20855 OF 2022

orders thereon in accordance with law, within a period of one

month from the date of receipt of a copy of this judgment.

Sd/-

sab                             MURALI PURUSHOTHAMAN

                                              JUDGE
 WP(C) NO. 20855 OF 2022


                 APPENDIX OF WP(C) 20855/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE RENEWAL APPLICATION DATED
                      9.10.2019.

Exhibit P2            TRUE COPY OF TEMPORARY PERMIT APPLICATION
                      DATED 20.3.2021.

Exhibit P3            TRUE COPY OF THE REQUEST DATED 20.5.2021.

Exhibit P4            TRUE COPY OF THE INTERIM ORDER IN WP[C]
                      NO.10484/2011 DATED 23.6.2011.

Exhibit P5            TRUE COPY OF THE JUDGMENT IN WP[C]
                      NO.12123/2022 DATED 11.6.2021.

Exhibit P6            TRUE COPY OF THE TEMPORARY PERMIT DATED
                      17.5.2022.

Exhibit P7            TRUE COPY OF THE APPLICATION FOR TEMPORARY
                      PERMIT DATED 20.6.2022.