JAFFER P. Vs. USMAN AND ORS.

JUDGEMENT

(1.) This Writ Appeal has been filed against the judgment dated 07/09/2015 in WP (C) No. 24250 of 2015 by which judgment the learned Single Judge has set aside the order of the Regional Transport Authority renewing the stage carriage permit of the appellant as well as the order permitting replacement of the vehicle. Parties shall be referred to as described in the Writ Petition.

(2.) Brief facts of the case necessary to be noted for deciding the Writ Appeal are: The 2nd respondent (appellant in this appeal) was granted a regular stage carriage permit on the route Manalaya Harijan Colony - Pattambi in respect of vehicle No. KL - 53/3221 valid up to 15/04/2014. The 2nd respondent made an application for issuance of clearance certificate for the purpose of transferring his vehicle without surrendering the permit. The 2nd respondent filed WP (C) No. 23071 of 2013 seeking a direction to permit him to effect transfer without surrendering the permit. The learned Single Judge disposed of the Writ Petition directing issuance of necessary clearance certificate for sale of his vehicle and the permit be kept under suspension. The 2nd respondent was granted clearance certificate and he transferred the vehicle to one Mohammed Abdul Ravuf.

(3.) The 2nd respondent made an application for renewal of the permit on 20/03/2014 without replacing the vehicle which he had already transferred. On 24/02/2015 the 2nd respondent made available another vehicle, KL - 53 / H - 1186 for renewal of the regular permit. The 2nd respondent filed WP (C) No. 12384 of 2015 seeking a direction for consideration of the application for replacement of the vehicle. The Writ Petition was disposed of on 17/04/2015 by a learned Single Judge directing consideration of the application for renewal as well as the application for temporary permit. A direction was also issued for considering his application for replacement of the vehicle. In pursuance of the above order, the RTA by its decision dated 21/05/2015 allowed the renewal application as well as the application for replacement of the vehicle submitted by the 2nd respondent against which order, the Writ Petitioner, Usman, filed WP (C) No. 24250 of 2015 praying for the following reliefs: