SHIBU Vs. THE REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a stage carriage operator in respect of vehicle bearing registration No.KEE-8787 on the route Anappara - Angamaly - Perumbavoor, seeking to quash Ext.P8 order passed by the 1st respondent dated 05.04.2016, whereby temporary permit was declined to petitioner on the route Angamaly - Perumbavoor, on the ground, grant of temporary permit in private sector is violation of the scheme of nationalization. Material facts for the disposal of the writ petition are thus:

(2.) Regular permit was issued to the petitioner on 15.12.1998, which was valid up to 14.12.2003. Petitioner submitted application for renewal on 31.01.2015. He also filed an application for replacement of the vehicle with stage carriage No.KL-07/AC 9256. Pending application for renewal of permit, petitioner was granted temporary permit in order to operate in place of the above service. In order to issue temporary permit, a route enquiry was conducted through the field officers and Ext.P1 is one among the said reports. The report shows that the service operated by the petitioner is the sole service in the said route and the entire travelling public including students are depending upon the above service. Since there was objection from existing operators, petitioner approached this Court and secured Ext.P2 judgment. Ext.P3 is the true copy of the temporary permit issued to the petitioner, valid up to 12.01.2016.

(3.) Though, for re-issue of temporary permit, petitioner submitted application, it was refused on the reasoning, petitioner's application for renewal of permit is not granted consequent to the delay, which is not condoned, and therefore since the route is having objectionable overlapping of a portion, Angamaly to Perumbavoor, the temporary permit application submitted under Sec.87(1)(c) of the Motor Vehicles Act, 1988 [for short, 'the Act'] cannot be allowed, evident from Ext.P4. Against the rejection of renewal application of the permit, petitioner preferred appeal as MVAA No.48 of 2016, which is pending consideration before the State Transport Appellate Tribunal.