Bhaskaran K vs The Secretary
2022 Latest Caselaw 5386 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                     WP(C) NO. 14668 OF 2022
PETITIONER:

            BHASKARAN K,S/O.KRISHNAN, KILIVAYIL HOUSE,
            P.O.IRINGALLUR, VENGARA, MALAPPURAM DISTRICT.

            BY ADVS.
            G.HARIHARAN
            PRAVEEN.H.
            K.S.SMITHA
            V.R.SANJEEV KUMAR
            ANJALY T.A


RESPONDENTS:

    1       THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,
            VADAKARA - 673 513.

    2       REGIONAL TRANSPORT AUTHORITY,VADAKARA, AT
            KOZHIKODE - 673 513 REPRESENTED BY ITS SECRETARY.

            SR.G.P SRI. BIMAL.K.NATH




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   20.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.14668 of 2022
                                  2


                      Sathish Ninan, J.
               ==============================
                  W.P(C) No.14668 of 2022
                 ==========================
            Dated this the 20th day of May, 2022

                               JUDGMENT

Petitioner in this writ petition claims to be a

"saved permit holder". His application for renewal of

permit and temporary permit are 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 grievance.

2. That the distance limit specified in Rule

2(oa) does not have any application with regard to

"saved permits", has been held by a Division Bench of

this Court in Kerala State Road Transport Corporation

v. Saju Varkey and Ors. [2018 (4) KHC 617]. That the

Government Orders brought in the year 2015 and 2020 are

of no relevance in considering the rights of saved

permit holders, has been held by this Court in Hyderali

v. The Regional Transport Authority and Ors. in W.P.(C)

No.8702/2021 and connected cases. The saved permit W.P(C) No.14668 of 2022

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.

In the light of the above it is ordered that the

authority shall pass fresh orders on the applications

for renewal of permit and for temporary permit pending

renewal of regular permit submitted by the petitioner,

in accordance with law. In order to enable the same,

Ext.P4 order is quashed. Writ petition is disposed of

as above.

Sd/- Sathish Ninan, Judge

vdv W.P(C) No.14668 of 2022

W.P(C) No.14668 of 2022

APPENDIX OF WP(C) 14668/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT MADE IN WP(C) NO.24234/2017 DATED 21/07/2017.

Exhibit P2 TRUE COPY OF TEMPORARY PERMIT GRANTED BY THE 1ST RESPONDENT FOR FOUR MONTHS COMMENCING FROM 21/07/2019 ISSUED ON 19/07/2019.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 19/03/2022 FILED BY THE PETITIONER ALONG WITH A COPY OF THE LEASE AGREEMENT RELATING TO VEHICLE NO.KL- 10AV-637.

Exhibit P4 TRUE COPY OF THE ORDER NO.V-8/1567/2022 DATED 04/04/2022 ISSUED BY THE 1ST RESPONDENT REJECTING EXHIBIT P3 APPLICATION.

Exhibit P5 TRUE COPY OF THE JUDGMENT MADE WP(C) NO.11074/2020 DATED 12/01/2022 AND CONNECTED CASES.