George N.M vs The Secretary, Regional Transport ...
2024 Latest Caselaw 5608 Ker

Kerala High Court

George N.M vs The Secretary, Regional Transport ... on 16 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                       WP(C) NO. 6109 OF 2024
PETITIONER:

               GEORGE N.M
               AGED 72 YEARS
               S/O MATHEW, NELLIKUNNEL HOUSE,
               KADHALIKKAD P.O MUVATUPUZHA,
               PIN - 686670
               BY ADV K.V.GOPINATHAN NAIR


RESPONDENTS:

    1          THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY, IDUKKI
               IDUKKI TWP, KERALA, PIN - 685603
    2          THE KERALA STATE ROAD TRANSPORT CORPORATION
               TRANSPORT BHAVAN, FORT P.O.
               THIRUVANANTHAPURAM
               REPRESENTED BY ITS MANAGING DIRECTOR,
               PIN - 695023
               SRI.K.M.FAIZAL, G.P.,
               SRI.DEEPU THANKAN, SC

        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   16.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 6109 OF 2024
                                    ..2..




                          N.NAGARESH, J.
               ---------------------------------------------
                     W.P.(C) No.6109 of 2024
               ----------------------------------------------
            Dated this the 16th day of February, 2024

                       JUDGMENT

The petitioner is the holder of a regular permit to operate

service on the route Ernakulam-Kanthalloor via Aluva,

Kothamgangalam, Adimaly and Munnar which was valid up to

16.02.2024. Presently, the petitioner is operating on the

strength of Ext.P2 Temporary Permit. The petitioner has

submitted Ext.P3 application for re-issue of Temporary Permit

by curtailing the route length and limiting to less than 136 Kms

(Ernakulam-Kanthalloor via Aluva, Kothamgangalam, Adimaly

and Munnar).

2. Heard Sri. K.V. Gopinathan Nair, the learned counsel

for the petitioner, the learned Government Pleader and the

learned standing counsel for Kerala State Road Transport

Corporation.

WP(C) NO. 6109 OF 2024 ..3..

3. In the facts and circumstances of the case, there

will be a direction to the 1 st respondent to consider Ext.P3

application of the petitioner for Temporary Permit on the route

Ernakulam-Kanthalloor via Aluva, Kothamgangalam, Adimaly

and Munnar, limiting the route distance to 136 Kms. Orders

shall be passed within a period of two weeks from the date of

receipt of a certified copy of this judgment, after hearing the

petitioner and the 2nd respondent. Till such time, status quo as

regards the operation of service limiting the route to

Ernakulam-Kanthalloor via Aluva, Kothamgangalam, Adimaly

and Munnar shall be maintained.

The writ petition is disposed of with the above directions.

Sd/-

N.NAGARESH, JUDGE

AS WP(C) NO. 6109 OF 2024 ..4..

APPENDIX OF WP(C) 6109/2024

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT VALID UP TO 16.02.2024 DATED NILL EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE ISSUE OF THE TEMPORARY PERMIT IN ORDER TO MAINTAIN THE SERVICE DATED 09.02.2024 EXHIBIT P3 TRUE COPY OF THE COVERING LETTER ALONG WITH EXHIBIT.P2 APPLICATION DATED 09.02.2024 EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 26426/2023 DATED 10.08.2023