JOMY Vs. SECRETARY RTA

JUDGEMENT

(1.) This writ petition is filed challenging Ext. P3 proceedings of the first respondent rejecting an application for temporary permit submitted by the petitioner. The petitioner is a stage carriage operator. He had applied for the grant of a temporary permit of four months duration on the route Don Bosco Junction - Aluva HMT Junction. The temporary permit was sought for in the vacancy of stage carriage bearing registration No. KL - 04 / K6787, with respect to which vehicle, the petitioner himself had been granted a regular permit, Ext. P1. However, according to him, the permit was not renewed thereafter.

(2.) It is contended by the counsel for the petitioner that, the Kerala State Road Transport Corporation (KSRTC for short) has not been granted a permit to conduct services on the route. Therefore, the petitioner is entitled to seek for the issue of a permit under S.104 of the Motor Vehicles Act, 1988. The ground on which the application for temporary permit has been rejected in Ext. P3 is that, there is an objectionable overlapping on the route, which exceeds 5% of the route length. The counsel for the petitioner meets the above objection by pointing out that the second respondent is not conducting services on the route and therefore, the petitioner's application for temporary permit can be considered. The counsel for the petitioner also relies on a Division Bench decision of this Court as well as a decision of the Honourable Supreme Court to support his contention.

(3.) This case was heard on 07/06/2012 and the judgment was also dictated in the open Court. Thereafter, the counsel for the KSRTC mentioned the matter and submitted that he had to put forth certain contentions which also required the consideration of this Court before, orders were finally passed in the writ petition. Accordingly, this case was posted again on 19/06/2012, 22/06/2012 and 25/06/2012. In the meantime, on 15/06/2012 a statement has been filed by the Standing Counsel for KSRTC. Therefore, the said statement has also been considered by me.