Tijo Joby vs The Government Of Kerala
2022 Latest Caselaw 8044 Ker

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            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. 21187 OF 2022
PETITIONER:

            TIJO JOBY,
            AGED 36 YEARS,
            NADUVAKKATTU HOUSE, KAPPADU P.O.,
            KANJIRAPPALLY, KOTTAYAM

            BY ADV P.DEEPAK


RESPONDENTS:

    1       THE GOVERNMENT OF KERALA
            REPRESENTED BY ITS CHIEF SECRETARY,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPUR - 695 001
    2       THE REGIONAL TRANSPORT AUTHORITY,
            IDUKKI, REPRESENTED BY ITS SECRETARY,
            CIVIL STATION, PAINAVU, IDUKKI-685 603
    3       THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY, IDUKKI,
            CIVIL STATION, PAINAVU, IDUKKI-685 603
    4       THE KERALA STATE ROAD TRANSPORT CORPORATION,
            REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR,
            TRANSPORT BHAVAN, PATTOM,THIRUVANANTHAPURAM-695004

            BY SRI.JIMMY GEORGE, GP
               ADV.DEEPU THANKAN, SC, KSRTC



     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. 21187 OF 2022
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                 MURALI PURUSHOTHAMAN, J.
             ===========================
                  WP(C) No. 21187 OF 2022
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              Dated this the 29th day of June, 2022


                            JUDGMENT

The petitioner is a stage carriage operator on the route

THEKKADY - ERNAKULAM. 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 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 WP(C) No. 21187 OF 2022

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 permit 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.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE nk WP(C) No. 21187 OF 2022

APPENDIX OF WP(C) 21187/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER VALID TILL 24/06/2022 ON THE ROUTE THEKKADY - ERNAKULAM.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 03/06/2022.

Exhibit P3 A TRUE COPY OF THE JUDGEMENT DATED 23/05/2022 IN WPC NO. 28854 OF 2020.