IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10186 of 2010(W)
1. MUHAMMED SADHIQUE, KARUVELIL HOUSE,
... Petitioner
Vs
1. THE SECRETARY REGIONAL TRANSPORT
... Respondent
2. THE STATE TRANSPORT APPELLATE TRIBUNAL
For Petitioner :SRI.O.D.SIVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :06/04/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.10186 of 2010
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Dated this the 6th day of April, 2010
JUDGMENT
The petitioner who is a stage carriage operator has
approached this Court challenging the denial of a
temporary permit to him. The order of the authority has
been confirmed by the State Transport Appellate Authority
(‘STAT’ for short) in Ext.P3 judgment. According to the
petitioner, by Ext.P2 his application for temporary permit
has been rejected relying on the circular issued by the
State Transport Authority (STA) to the effect that a
temporary permit for more than 5 days should not be
issued. It is contended that the said circular has been set
aside by this Court and is no longer in force. In view of
the above, the judgment of the STAT confirming the
rejection of his application is also submitted to be
unsustainable.
2. The learned Senior Government Pleader on the
other hand submits that the petitioner is free to submit a
fresh application for the issue of a temporary permit under
wpc No.10186/2010 2
Section 87(1)(c) of the Motor Vehicles Act, 1988. If such
an application is submitted, the same would be considered
and disposed of in accordance with law. The counsel for
the petitioner submits that the petitioner is ready to
submit a fresh application.
3. In the above circumstances, this Writ Petition is
disposed of directing the petitioner to submit a fresh
application for the issue of a temporary permit under
Section 87(1)(c) of the Motor Vehicles Act, 1988. If such
an application is submitted, the same shall be considered
and appropriate orders shall be passed thereon by the first
respondent in accordance with law, untrammeled by the
observations in Exts.P2 and P3, expeditiously.
K.SURENDRA MOHAN,
JUDGE
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