Vijayappan Nair A Vs Secretary, Regional Transport Authority, Kottayam

High Court Of Kerala 30 Aug 2024 Writ Petition (C) No. 30339 Of 2024 (2024) 08 KL CK 0066
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No. 30339 Of 2024

Hon'ble Bench

Basant Balaji, J

Advocates

K.V.Gopinathan Nair, S. Gopinathan

Final Decision

Disposed Of

Acts Referred
  • Motor Vehicles Act, 1988 - Section 87(1)(d)

Judgement Text

Translate:

Basant Balaji, J

The petitioner is the holder of a regular permit to operate service on the route Kumily-Vyttila Hub via Mundakayam, Ponkunnam, Kottayam,

University, Ettumanoor, Thalayolaparambu, Puthiyakav and Thripunithara. The regular permit was valid up to 07.03.2018. The petitioner filed an

application for renewal of the same on 19.02.2018. A vehicle with Registration No.KL-34/D 1033 was operating on this route. The petitioner

submitted an application for the replacement of this vehicle, and he was allowed to operate by virtue of a temporary permit with the present vehicle

bearing Registration No.KL-06/H 1291.

The respondent rejected the renewal application, against which a statutory appeal was filed as M.V.A.A 96 of 2022 before the State Transport

Appellate Tribunal and the Tribunal permitted the petitioner to continue the service on the above-said route by extending the validity of Ext.P1 till

06.08.2024. By judgment dated 06.08.2024, the appeal was allowed, and the rejection order was set aside, which directed the authority to consider the

renewal application within two months. Pending renewal, the petitioner filed an application for a temporary permit under Section 87(1)(d) of the Motor

Vehicles Act, dated 06.08.2024. The petitioner’s request is for the disposal of the said application within a time frame.

Learned government pleader opposes the same and prays for time to get instructions. He also submits that since the regular permit expired on

06.08.2024 Ext.P2 cannot be disposed of.

Since the limited prayer is only for disposal of Ext.P2, I deem it appropriate to direct the respondent to take up Ext.P2 filed on 06.08.2024 and pass

appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of the judgment.

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