Kerala High Court
The Managing Partner vs The State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
WP(C) No.16226/2024 1/3 Order Date : 23-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
WP(C) NO. 16226 OF 2024
PETITIONER(S)
THE MANAGING PARTNER, M/S. NALLAPPA TRANSPORT, POLLACHI, THRISSUR
ROAD, KOLLANGODE, PALAKKAD DISTRICT, PIN - 678506
RESPONDENT(S)
1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2. THE STATE TRANSPORT AUTHORITY, TRANS TOWERS, VAZHUTHACADU,
THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY, PIN - 695001
3. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, S FORT ROAD, KENATHU
PARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 and 3 not to insist the compliance of
colour code fixed by the 2nd respondent in Exhibit P-4 for the purpose of
operating the vehicle of the petitioner which is covered with Exhibits P-1
to P-3 permit and counter signature and certificate of fitness, pending
disposal of the Writ Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.SAJEEV KUMAR K.GOPAL, Advocate for the petitioner, the court passed
the following:
WP(C) No.16226/2024 2/3 Order Date : 23-04-2024
N.NAGARESH, J.
------------------------------------------------
W.P.(C) No.16226 of 2024
-------------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
Admit. Government Pleader takes notice for respondents 1
to 3.
2. Government Pleader to file counter affidavit /
statement, if any.
3. In the meanwhile, there will be an interim order as
prayed for, for a period of one month.
Post on 23.05.2024.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.16226/2024 3/3 Order Date : 23-04-2024
APPENDIX OF WP(C) 16226/2024
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE
CARRIAGE KL-9AD-1588 ISSUED BY THE 2 ND RESPONDENT
DATED 08-11-2022.
Exhibit P2 TRUE COPY OF THE ENDORSEMENT REGARDING THE COUNTER
SIGNATURE ON REPLACEMENT OF THE VEHICLE AND THE RENEWAL
OF THE PERMIT ISSUED BY THE SECRETARY, STATE TRANSPORT
AUTHORITY, CHENNAI DATED 12-01-2023.
Exhibit P3 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED TO THE
VEHICLE BEARING REGISTRATION NO.KL-9 AD 1588 DATED
12-05-2023.
Exhibit P4 TRUE COPY OF THE DECISION OF THE 2 ND RESPONDENT DATED
04-01-2018
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13-04-2018 IN W.P.(C)
NO.4098/2018.
Exhibit P6 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN
W.P.(C) NO.1977 OF 2020 DATED 26-02-2020 AND OTHER
CONNECTED CASES.
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 18-06-2020 IN
W.A.NO.698 OF 2020.
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 02-03-2022 IN
I.A.1/2022 IN W.A.NO.698 OF 2020.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER PASSED IN W.P.(C)
NO.2515 OF 2022 DATED 27-01-2022.
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 12-02-2023 IN
W.P.(C)NO.41585/2023 GRANTED BY THIS HON'BLE COURT.
Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 09-02-2024 IN
W.P.(C) NO.5122 OF 2024.
