Kerala High Court
Samuel C.P vs The Regional Transport Authority, ... on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 4372 OF 2024
PETITIONER:
SAMUEL C.P
AGED 50 YEARS
S/O PAPPACHAN CHAMBAKOTTUKUDY HOUSE,
THRIKKARIYOOR P.O AYAKKAD,
KOTHAMANGALAM, PIN - 686692
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
IDUKKI
REPRESENTED BY THE SECRETARY
IDUKKI, PIN - 685603
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, IDUKKI,
PIN - 685603
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.4372 OF 2024
2
JUDGMENT
Dated this the 6th day of February, 2024
The petitioner is the holder of a Regular Permit to
operate service on the route Aluva-Kattappana. The Permit
was issued in the year 1987 and renewed from time to time
and valid up to 15.10.2015. The petitioner's applications for
renewal of Permit as well as replacement of vehicle have
been rejected by the 1st respondent by Ext.P2.
2. Aggrieved by Ext.P2, the petitioner filed statutory
appeal before the State Transport Appellate Tribunal as
M.V.A.A.No.255 of 2023. In the appeal, Tribunal passed
Ext.P3 order validating the Permit enabling the petitioner to
operate the service on the above said route by virtue of
Temporary Permit for a period of two months.
WP(C) NO.4372 OF 2024
3. Ext.P3 order has been subsequently extended for
a further period of two months as per Ext.P4. The 2nd
respondent has not complied with the order of the Tribunal,
as if the 1st respondent directed him to reject the application
in spite of the order of the Tribunal. The 2nd respondent is
duty bound to implement Ext.P4 order of the Tribunal
promptly and to issue the same in compliance with the order
of the Tribunal, contends the petitioner.
4. Government Pleader entered appearance on
behalf of the respondents and resisted the writ petition. The
Government Pleader argued that Ext.P3 order passed by the
State Transport Appellate Tribunal in M.P.No.2494 of 2023
in M.V.A.A.No.285 of 2023 on 30.10.2023 is illegal and
unsustainable. The Tribunal ought not have directed to
validate the Regular Permit of the petitioner. Aggrieved by
Exts.P3 and P4, the respondents are preferring a review
petition before the Tribunal, which will be taken up at any
WP(C) NO.4372 OF 2024
time. After disposal of the Review Petition, necessary
endorsement will be made subject to the orders to be
passed by the Tribunal in the Review Petition.
5. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing the
respondents.
6. Exts.P3 and P4 are the interim orders passed by
the State Transport Appellate Tribunal directing to validate
the Regular Permit for a limited period, pending disposal of
the appeals. As long as these orders stand, the 1 st
respondent-Regional Transport Authority will have to
validate the interim orders. Filing of a review petition by itself
cannot be a reason not to validate the Permit.
In the facts of the case, the writ petition is disposed of
directing the 2nd respondent-Secretary, Regional Transport
Authority to validate the Regular Permit of the petitioner as
directed by the Tribunal in Exts.P3 and P4, within a period of
WP(C) NO.4372 OF 2024
one week from the date of receipt of a copy of this judgment.
It is made clear that such validation will be strictly subject to
the outcome of the review, which may be preferred by the
respondents.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.4372 OF 2024
APPENDIX OF WP(C) 4372/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF THE
PETITIONER DATED NIL
Exhibit P2 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 17.08.2023
Exhibit P3 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE TRIBUNAL IN M.P NO 2494/2023 IN
M.V.A.A 285/2023 DATED 30.10.2023
Exhibit P4 TRUE COPY OF THE ORDER EXTENDING
EXHIBIT.P3 ORDER FOR A FURTHER PERIOD
INM.P.2494/2023 IN M.V.A.A 285/2023
DATED 15.01.2024
Exhibit P5 TRUE COPY OF THE COVERING LETTER
SUBMITTED BY THE PETITIONER TO 2ND
RESPONDENT DATED 19.01.2024
