Kerala High Court
Sreerag vs The Regional Transport Authority on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 22295 OF 2024
PETITIONER:
SREERAG
AGED 34 YEARS, S/O SREENIVASAN,
CHIRAKKAL HOUSE, PARUTHOOR, PALLIPURAM,
PATTAMBI, PALAKKAD, PIN - 679305.
BY ADVS.
RILGIN V.GEORGE
K.T.RAVEENDRAN
AKSHARA K.P.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, (REPRESENTED BY ITS SECRETARY),
REGIONAL TRANSPORT OFFICE,
PALAKKAD, PIN - 678001.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
PALAKKAD, REGIONAL TRANSPORT OFFICE,
PALAKKAD, PIN - 678001.
3 VISWANATHAN,
AGED 66 YEARS
S/O. PANGU, KONOTH HOUSE, PARATHUR,
PATTAMBI, PALAKKAD,, PIN - 678831.
4 VIBEESH K.,
AGED 32 YEARS
S/O. VISWANATHAN, KONTHATH HOUSE,
PADINJARE KODUMUNDA, PARUDUR, PATTAMBI,
PALAKKAD,, PIN - 679305.
W.P.(C)No.22295 of 2024
:2:
5 K.P.RAMADAS,
AGED 50 YEARS, S/O. RAMAN NAIR,
KARUPARAMBIL HOUSE, KRISHNA NIVAS,
UMMATHUR, KUMBIDI, PATTAMBI,
PALAKKAD PIN - 679553.
6 PRADEEP.M,
AGED 52 YEARS, S/O. SUBRAMANIAN,
MULLATH HOUSE, KADAVANAD.P.O., PONNANI,
MALAPPURAM DISTRICT,, PIN - 679586.
7 THE STATE TRANSPORT APPELLATE TRIBUNAL,
ERNAKULAM, KOCHI, PIN - 682011.
BY ADV.SRI.S.GOPINATHAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22295 of 2024
:3:
JUDGMENT
Dated this the 28th day of June, 2024
The petitioner filed this writ petition directing the 2nd
respondent to comply with Ext.P9 interim order of the State
Transport Appellate Tribunal (STAT) rendered in a pending
appeal filed under Section 89 of the Motor Vehicles Act, 1988.
In fact, by Ext.P9 interim order the State Transport Appellate
Tribunal extended Ext.P4 interim order for a further period.
2. The 2nd respondent refused even to comply with
Ext.P4 order and the petitioner was constrained to move this
Court for compliance, contends the petitioner. It was only
pursuant to Ext.P5 judgment passed by this Court that the 2 nd
respondent complied with Ext.P4 interim order. Now, in a
manner bordering on contempt, the 2nd respondent is refusing
to comply with Ext.P9 interim order as well, contends the
Counsel for the petitioner.
3. The Government Pleader pointed out that in view of
the judgment in Cannanore District Bus Operators
Association v. State of Kerala [2017 (3) KLT 126], the
Tribunal ought not have ordered to issue Temporary Permit
when the application for Regular Permit itself stood rejected.
This Court has held that when an application for fresh Regular
Permit is pending, in such cases, an application for Temporary
Permit based thereon cannot be granted.
4. Heard.
5. It is not disputed that the petitioner has applied for
Temporary Permit and in M.P.No.1009 of 2024 in M.V.A.A.
No.249 of 2023, the Tribunal has directed the respondent to
issue Temporary Permit to the petitioner to operate on the
route Thekkekkunnu - Pattambi as Ordinary Service for a
period of 40 days.
6. As long as Ext.P9 is not reviewed or superseded by
any other order of the Court, the mere intention of the
respondent to file a review cannot be a reason not to comply
with the direction of the State Transport Appellate Tribunal,
Ernakulam.
In the circumstances of the case, the writ petition is
disposed of directing the 2nd respondent to issue Temporary
Permit to the petitioner as applied for within a period of two
weeks. This will be without prejudice to the right of the
respondents to prefer any review against Ext.P9 order.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 22295/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 18.03.2023
Exhibit P2 A TRUE COPY OF THE ROUTE ENQUIRY REPORT
DATED 11.05.2023
Exhibit P3 A TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT DATED 27.06.2023
Exhibit P4 A TRUE COPY OF THE ORDER DATED
03.10.2023 IN M.P NO: 2147 OF 2023 IN
MVAA NO: 249 OF 2023 ALONG WITH TYPED
COPY
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
11.03.2024 IN WPC NO: 3584 OF 2024
Exhibit P6 A. TRUE COPY OF THE TEMPORARY PERMIT
VALID TILL 05.05.2024
Exhibit P7 A TRUE COPY OF THE ORDER DATED
12.04.2024 IN WPC NO: 15034 OF 2024
Exhibit P8 A TRUE COPY OF THE STOP MEMO DATED
18.04.2024
Exhibit P9 A TRUE COPY OF THE ORDER DATED
10.05.2024 IN M.P NO: 1009 OF 2024 IN
MVAA NO: 249 OF 2023
Exhibit P10 A TRUE COPY OF THE AFFIDAVIT & PETITION
DATED 18.05.2024 FILED BY RESPONDENGTS
Exhibit P11 A TRUE COPY OF THE CASE STATUS IN MVAA
NO: 249 OF 2023
