NALLUSWAMY Vs. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY

JUDGEMENT

(1.) Petitioner, who is a stage carriage operator on the route Palakkad-Guruvayur as limited stop ordinary service covered by Ext.P1 regular permit, in respect of stage carriage bearing Registration No.KL-51/4665, which was valid till 02.12.2017, has filed this writ petition under Art. 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 decision dated 14.06.2017 of the 2nd respondent State Transport Authority; a declaration that Ext.P5 decision in so far as it fixes a life span of the services operated as limited stop ordinary services as 10 years is only in respect of stage carriages, which are operating as super class services on routes in excess of 140 kms. as clarified by this Court in Ext.P9 judgment dated 23.11.2016 in WP(C) No.21172 of 2016; and a writ of mandamus commanding the 4th respondent to consider Ext.P2 application for renewal untrammelled by Ext.P5 and grant the renewal as expeditiously as possible, within a time limit to be specified by this Court.

(2.) On 20.12.2017, when this petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents and sought time to file Counter Affidavit. This Court ordered that, in the meanwhile, there will be an interim direction to the 4th respondent to issue temporary permits with a duration of two months untrammelled by Ext.P5 decision of the 2nd respondent. The said interim order, which was extended from time to time, was in force till 05.11.2018.

(3.) Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.