LAWS(KER)-2024-8-54

VIJAYAPPAN NAIR A. Vs. SECRETARY, REGIONAL TRANSPORT AUTHORITY

Decided On August 30, 2024
Vijayappan Nair A. Appellant
V/S
SECRETARY, REGIONAL TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) 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 7/3/2018. The petitioner filed an application for renewal of the same on 19/2/2018. 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.

(2.) 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 6/8/2024. By judgment dtd. 6/8/2024, 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 Sec. 87(1)(d) of the Motor Vehicles Act, dtd. 6/8/2024. The petitioner's request is for the disposal of the said application within a time frame.

(3.) Learned government pleader opposes the same and prays for time to get instructions. He also submits that since the regular permit expired on 6/8/2024 Ext.P2 cannot be disposed of.