The Managing Partner vs The State Of Kerala
2024 Latest Caselaw 13097 Ker

Kerala High Court

The Managing Partner vs The State Of Kerala on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

WP(C) No.16226/2024                     1/3                        Order Date : 23-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
              Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                              WP(C) NO. 16226 OF 2024
   PETITIONER:

          THE MANAGING PARTNER, M/S NALLAPPA TRANSPORT, POLLACHI, THRISSUR
          ROAD, KOLLANGODE, PALAKKAD DISTRICT, PIN - 678506

   RESPONDENTS:

      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 2 nd 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 again coming on for orders upon perusing the petition
   and the affidavit filed in support of WP(C) and this Court's order dated
   23.04.2024 and upon hearing the arguments of SRI.SAJEEV KUMAR K.GOPA,L
   Advocate for the petitioner, the court passed the following:
 WP(C) No.16226/2024                          2/3                               Order Date : 23-05-2024




                                       N.NAGARESH, J.
                            ------------------------------------------------
                                W.P.(C) No.16226 of 2024
                          -------------------------------------------------
                           Dated this the 23rd day of May, 2024

                                             ORDER

Interim order is extended by three months.

Post on 23.08.2024.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.16226/2024 3/3 Order Date : 23-05-2024

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.