2025:KER:27539 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 13148 OF 2025 PETITIONER: JAMEELA V.U AGED 42 YEARS W/O. MUSTHAFA, RESIDING AT THAIKKADAN HOUSE, THRIKKALLUR P.O, CHIRAKKALPADY, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678593 BY ADVS. M.JITHESH MENON P.G.MAHESHKUMAR RESPONDENTS: 1 THE REGIONAL TRANSPORT AUTHORITY PALAKKAD REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION P.O, PALAKKAD DISTRICT, PIN - 678001 2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY PALAKKAD, REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION P.O, PALAKKAD DISTRICT, PIN - 678001 3 THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, 2025:KER:27539 WP(C) NO.13148 OF 2025 2 PALAKKAD, KSRTC BUS STAND, PALAKKAD DISTRICT, PIN - 678014 4 YOUNUS ALI. V AGED 37 YEARS S/O. YOUSAF HAJI, RESIDING AT VATTATHODI HOUSE, KATTUKULAM, ALANELLUR P.O, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678582 SRI. V. VENUGOPAL, GOVERNMENT PLEADER SRI. AKHIL SURESH, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27539 WP(C) NO.13148 OF 2025 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner was a Regular Permit holder to operate service on the route Mannarkad-Palakkad via Chirakkalpadi, Thachampara, Kalladikkode, Mundur, Olavakkode as Limited Stop Ordinary Service issued in respect of Stage Carriage bearing registration No.KL-09M-5779 and was valid upto 16.01.2017. 2. The petitioner had applied for renewal of Permit for the period from 2017 to 2022, in time. Though the application for renewal was considered by the respondent in its meeting held on 18.03.2023, the petitioner could not appear before the 1st respondent and the 1st respondent had adjourned the consideration of the application for renewal. 2025:KER:27539 WP(C) NO.13148 OF 2025 4 3. In the meanwhile, the petitioner purchased a new vehicle bearing registration No.KL-08AS-7414 and applied for replacement and Temporary Permit. The application for Temporary Permit was rejected by the 2nd respondent, against which appeal M.V.A.A. No.39/2025 was filed before the State Transport Appellate Tribunal, Ernakulam. The Appellate Tribunal had passed an interim order directing the 2nd respondent to issue Temporary Permit for a period of 20 days from 06.02.2025. In compliance, the 2nd respondent had issued Temporary Permit which was valid till 25.02.2025. 4. The 4th respondent challenged the interim order passed by the Appellate Tribunal by filing W.P.(C) No.6282/2025 contending that Temporary Permit was issued in violation of all statutory provisions and even without clearance of arrears of tax. This Court did not interfere with the order passed by the Tribunal and directed the Tribunal to hear the 4th respondent also at the time of consideration of the 2025:KER:27539 WP(C) NO.13148 OF 2025 5 petition for extension of the interim order. 5. The applications submitted by the petitioner for renewal for the period from 2017 to 2022 and 2022 to 2027 accompanied by an application for condonation of delay, along with application for replacement, were considered by the 1st respondent in the meeting held on 11.03.2025. 6. The Tribunal had heard the Appeal in detail and by judgment dated 14.03.2025 allowed the Appeal by setting aside the impugned order and the 2nd respondent was directed to re-consider the application on merits within three months and till then Temporary Permits were directed to be issued. The petitioner had produced the judgment before the 2nd respondent for compliance of the judgment. But, till now the 2nd respondent has not issued any Temporary Permit. This writ petition is filed seeking a direction to the 2nd respondent to issue Temporary Permit in compliance with Ext.P15 judgment. 2025:KER:27539 WP(C) NO.13148 OF 2025 6 7. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2 and the learned Standing Counsel representing the 3rd respondent. 8. The contention of the petitioner is that in spite of the final order in MVAA No.39/2025, the petitioner has not been issued with Temporary Permit. 9. Ext.P15 judgment would show that the Appellate Tribunal has considered the issues involved and has directed the 2nd respondent therein to reconsider the application of the petitioner on merits and pass orders in accordance with law within a period of three months. There was a further direction that Temporary Permit can be issued if there is no other impediments. The petitioner would submit that the petitioner’s application for Temporary Permit is pending. In the facts of the case, the writ petition is disposed of directing the 2nd respondent to consider the application for 2025:KER:27539 WP(C) NO.13148 OF 2025 7 Temporary Permit, if pending, in terms of the directions in Ext.P15 judgment. Orders shall be passed within a period of three weeks, after giving an opportunity of hearing to the petitioner and respondents 3 and 4. Sd/- N.NAGARESH JUDGE hmh 2025:KER:27539 WP(C) NO.13148 OF 2025 8 APPENDIX OF WP(C) 13148/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT WITH REGISTRATION NO. KL-09-M-5779 Exhibit P2 TRUE COPY OF THE LETTER NO. R13/5779/2023/P ISSUED BY THE REGIONAL TRANSPORT OFFICER, PALAKKAD DATED 08.02.2023 Exhibit P3 TRUE COPY OF THE MEDICAL REPORT PERTAINING TO HISTOPATHOLOGY REPORT ISSUED BY THE DDRC SRL DIAGNOSTIC SERVICES DATED 09.03.2017 Exhibit P4 TRUE COPY OF THE MEDICAL REPORT ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM DATED 29.09.2022 Exhibit P5 TRUE COPY OF THE MEDICAL REPORT ISSUED BY THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM DATED 11.11.2022 Exhibit P6 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 18.03.2023 IN ITEM NO. 54 Exhibit P7 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 14.10.2024 Exhibit P8 TRUE COPY OF THE REGISTRATION CERTIFICATE OF STAGE CARRIAGE KL-08- AS-7414 Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT BEARING NO. R14/1000715/2025/P DATED 28.01.2025 2025:KER:27539 WP(C) NO.13148 OF 2025 9 Exhibit P10 TRUE COPY OF THE ORDER IN M.P.NO.319/2025 IN MVAA NO.39/2025 ISSUED BY THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM DATED 06.02.2025 Exhibit P11 TRUE COPY OF THE TEMPORARY PERMIT OF KL-08-AS-7414 BEARING PERMIT NO. KL2025-TEMP-3102A DATED 11.02.2025 Exhibit P12 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY M/S. RISHAB FINANCE DATED 25.01.2025 Exhibit P13 TRUE COPY OF THE STATUTORY NOTICE OF TERMINATION OF AN AGREEMENT OF THE HIRE-PURCHASE/LEASE/HYPOTHECATION IN FORM 35 Exhibit P14 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28.01.2025 Exhibit P15 TRUE COPY OF THE JUDGMENT ISSUED BY THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN M.V.A.A NO.39/2025 DATED 14.03.2025