LAWS(KER)-2020-1-34

BIJUMON R Vs. REGIONAL TRANSPORT AUTHORITY ALAPPUZHA

Decided On January 14, 2020
Bijumon R Appellant
V/S
Regional Transport Authority Alappuzha Respondents

JUDGEMENT

(1.) The petitioner, who is the holder of a temporary permit in respect of a stage carriage bearing registration No.KL-32/J-6278, on the route Kanichukulangara - Ernakulam Kaloor Bus Stand, has filed this original petition under Article 227 of the Constitution of India, seeking an order to set aside Ext.P5 proceedings dated 12.03.2018 of the 1st respondent Regional Transport Authority and Ext.P9 judgment of the State Transport Appellate Tribunal in MVAA No.152 of 2018 dated 30.04.2019, with a direction to respondents 1 and 2 to grant him renewal of Ext.P1 regular permit on the route in question, in respect of the said stage carriage.

(2.) On 10.05.2019, when this original petition came up for admission, this Court admitted the matter to file. Learned Government Pleader took notice for respondents 1 and 2 and the learned Standing Counsel for KSRTC took notice for the 3 rd respondent. Notice by speed-post was ordered to the 4 th respondent. This Court granted an interim direction to the 2 nd respondent to issue temporary permit to the petitioner to maintain the service on the route Kanichukulangara - Ernakulam Kaloor Bus Stand in respect of stage carriage KL-32/J-6278 for a period of two months. The said interim order, which was extended from time to time, is still in force.

(3.) Today, when the case is taken up for consideration, it is pointed out by the learned Standing Counsel for KSRTC that this original petition is not maintainable in view of the law laid down by this Court in Valsaraj v. Rajan [2019 (4) KHC SN 16].