Tom T Abraham vs Secretary, Regional Transport ...
2022 Latest Caselaw 8006 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
       THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944


                      WP(C) NO. 21270 OF 2022


PETITIONER:

            TOM T ABRAHAM
            AGED 58 YEARS,
            S/O A.T. VARGHESE,
            THALAKULATH HOUSE,
            MADAPPALLY P.O.,
            CHANGANACHERRY,
            KOTTTAYAM - 686546.

            BY ADV I.DINESH MENON


RESPONDENT:

            THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY,
            REGIONAL TRANSPORT OFFICE,
            KAKKANAD P.O., ERNAKULAM-682030.

            BY SRI.JIMMY GEORGE, GP




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   29.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 21270 OF 2022
                                      2




                 MURALI PURUSHOTHAMAN, J.
             ===========================
                  WP(C) No. 21270 OF 2022
             ============================
              Dated this the 29th day of June, 2022


                                 JUDGMENT

The petitioner is a regular stage carriage operator on the

route Kaloor-Narakkakadavu (inter district). The regular

permit issued to the petitioner expired on 03.01.2016. Ext.P1

temporary permit issued to the petitioner is valid till

01.07.2022. The petitioner had already applied for renewal of

regular permit. Pending application for renewal, the petitioner

has submitted Ext.P7 application for temporary permit. The

limited relief prayed for in this writ petition is for a

consideration of Ext.P7 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.P6 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 per the provisions of the Motor

Vehicles Act.

WP(C) No. 21270 OF 2022

2. In the light of the directions in the above judgment,

there will be a direction to the respondent to consider Ext.P7

application for temporary permit, within a period of two weeks

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 nk WP(C) No. 21270 OF 2022

APPENDIX OF WP(C) 21270/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT DATED 11.3.2022.

Exhibit P2 TRUE COPY OF THE NOTIFICATION DATED 14.7.2009.

Exhibit P3 TRUE COPY OF THE DECISION REPORTED IN 2018[4] KHC 617.

Exhibit P4 TRUE COPY OF ORDER GO[MS NO.45/2015 DATED 20.8.2015

Exhibit P5 TRUE COPY OF THE GO [MS] NO.22/2020/TRANS DATED 01.7.2020.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP[C]NO.14788/2020 DATED 12.01.2022

Exhibit P7 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 18.6.2022.

Exhibit P8 TRUE COPY OF THE INTERIM ORDER IN WP[C] NO.5636/2022 DATED 18.2.2022.