SHAJIL I.C Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the holder of a regular permit on the route Ponnani-Kozhikode-Guruvayur, which was valid till 28.11.2015. The application for renewal of that permit is pending consideration. Ext.P2 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-54/B-6002, which was valid till 14.10.2017. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 notification dated 15.03.2017; and a writ of mandamus commanding the 3rd respondent to re-issue 4 months temporary permit to the petitioner in respect of stage carriage bearing registration No.KL-54/B-6002 to operate on the route Ponnani-Kozhikode-Guruvayur as LSOS by considering Ext.P4 application in continuation of Ext.P2, untrammeled by Ext.P3.

(2.) On 22.09.2017, 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. This Court granted an interim order directing the 3rd respondent to consider Ext.P4 application of the petitioner for tempoary permit in respect of stage carriage bearing registration No.KL-54/B-6002 to operate on the route Ponnai- Kozhikode-Guruvayur as LSOS, untrammeled by Ext.P3 amendment.

(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.