LAWS(KER)-2014-11-224

SIJI E P Vs. SHAJI JOSEPH

Decided On November 26, 2014
Siji E P Appellant
V/S
SHAJI JOSEPH Respondents

JUDGEMENT

(1.) The contempt petition and the review petition are heard together. The contempt case arises from a judgment in W.P.(C) No. 27535 of 2014 and so does the review petition.

(2.) The brief facts necessary, for the disposal of the review petition and the contempt petition are that, there was in existence, a regular permit for a vehicle bearing registration No. KL-08-T-3638 on the route Thriprayar-Azheekode (via) Nattika School, Chamakkala, Asmabi College, Eriyad and Kothaparamba. The said permit was in the name of one Sri Radhakrishnan, who is said to have expired on 14.09.2008. The service is said to have been carried on by his wife, without any transfer being sought for. Subsequently, though a transfer application was filed, the legal heir of the permit holder did not press the same. The regular permit also expired on 17.12.2012.

(3.) The respondent in the review petition approached the Secretary, Regional Transport Authority, Thrissur with a temporary permit application, proffering vehicle bearing registration No. KL-47-2718. Earlier the respondent had approached this Court, seeking consideration of the temporary permit application. That was allowed by this Court. Subsequently, the respondent submitted an application for regular permit in the very same route, since the earlier regular permit had been defaulted and the validity was also over. Again, pending consideration of the regular permit application, the respondent was before this Court seeking temporary permit in the very same route. That was granted and the same was issued by the Secretary, RTA in compliance with the judgment of this Court. A subsequent refusal to grant temporary permit was challenged before the State Transport Appellate Tribunal, Ernakulam in which also the prayer was granted.