A. VIJYAPPAN NAIR Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) THE writ petition is filed seeking a direction directing the first respondent to issue temporary permit to the petitioner on the route Kumily-Ernakulam Vyttila Bus Terminal in respect of stage carriage KL-34/B 1533 in continuation of the existing temporary permit. The State Transport Appellate Tribunal by order dated 16.9.2011 directed the Regional Transport Authority to grant regular permit as Super Fast service subject to counter signature of RTA Ernakulam. The 2nd respondent preferred W.P.(c) No.3217/2012 challenging the order passed by the State Appellate Tribunal. This Court passed the interim order dated 8.2.2012 staying all further proceedings pursuant to the Ext.P1 order passed by the Tribunal. The said interim order is in force. The writ petition is pending consideration before this Court.

(3.) IT is made clear that issuance of temporary permit shall be subject to the decision that may betaken by this Court in W.P.(c) No.3217/2012. In the light of the above facts and circumstances and in the light of Ext.P3 and Ext.P5, this Court is of the view that petitioner is entitled to get temporary permit under section 87(2) of the Motor Vehicles Act. Accordingly, the writ petition is disposed of, directing the first respondent to issue temporary permit as requested in Ext.P8 application to continue service on the route Kumily- Ernakulam Vyttila bus Terminal in respect of stage carriage KL-34/B 1533 subject to counter signature of the Regional Transport Authority, Ernakulam. The direction issued by this Court in the writ petition is subject to the result of the Writ Petition No. 3217/2012. The first respondent shall issue temporary permit as expeditiously as possible, at any rate, within a period of one week from today.