BABY ANTOS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the holder of a regular permit on the route Uthimoodu-Ernakulam South, in respect of stage carriage bearing registration No.KL-35/G-1677, which is taken on lease from one Nisha Thomas. The application for renewal of that permit is pending consideration. Ext.P1 is the temporary permit granted to the petitioner under Section 87(1)(d) of the Motor Vehicles Act, 1988 in respect of stage carriage bearing registration No.KL-35/G-1677. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 notice dated 20.07.2017; and a writ of mandamus commanding the respondents from initiating any coercive proceedings in case the petitioner has not complied with Ext.P5 notice, seeking to submit application for variation to limit the route within 140 kms.

(2.) On 31.07.2017, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3. The learned Standing Counsel took notice for the 4 th respondent. The learned counsel for the petitioner submitted that the petitioner is operating services on the strength of temporary permit issued to him. This Court granted an interim order to the effect that if the petitioner is operating services on the basis of temporary permit, status quo on Ext.P5 shall be maintained and the application, filed by the petitioner for re- issue of temporary permit, shall be considered, untrammeled by Exts.P2 and P3 notifications.

(3.) Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned Standing Counsel for KSRTC, representing the 4th respondent.