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Judgment
Amit Rawal, J
Petitioner is the holder of a regular permit on the route Kozhikode – Palakkad in respect of stage carriage KL-10 BC 7655 having a route of 146.5 Kms, ie. above 140 Kms. The validity of permit expired on 04.03.2021. In view of the amendment brought in Rule 2(oa) of the Kerala Motor Vehicle Rules, the matter is stated to be pending before the Division Bench in Writ Appeal No.831/2022. However, in the meantime, in order to bring succor to the existing permit holders, the Government came out with an order dated 30.10.2022 to grant the permit even beyond 140 Kms subject to the outcome of the Writ Appeal.
Learned counsel appearing on behalf of the petitioner submitted that a request for issuance of regular permit has already been submitted vide Ext.P1 on 01.06.2021. Application is pending consideration.
Learned Government Pleader, on instructions, submitted that the application Ext.P1 is not available in the records of the Transport Authorities, Malappuram and in case such application is actually submitted, respondents would not be averse in renewing the permit in terms of the Government Order ibid.
Learned Government Pleader accepts notice for respondents 1 and 2 and Sri.Deepu Thankan accepts notice for the 3rd respondent.
I have heard the learned counsel for the parties and appraised the paper book.
It is a matter of record that the Government in order to overcome the hurdle of pendency of Writ Appeal, brought succor to the existing permit holders by promulgating an order dated 30.10.2022 permitting the Transport Commissioners to entertain and process the application for renewal of the permits subject to the outcome of the writ appeal. As dispute has been raised by the respondent with regard to the receipt of the application, in case the petitioner submits a fresh application, if Ext.P1 is not traced out, for renewal of the route by restricting it to 139 Kms as per the submission of the counsel, within a period of one week from today, respondent will take a call on the application within another 15 days thereafter and renew the permit in terms of the order dated 30.10.2022, in accordance with law.
Writ petition stands disposed off.