Tijo Baby vs Government Of Kerala

Sathish Ninan,  J

Petitioner in this writ petition is a “saved permit holder”. His application for renewal of permit and for temporary permit are not being considered for the reason that, the route exceeds the limit specified under Rule 2(oa) of the Kerala Motor Vehicles Rules, 1989, is his grievance.

That the distance limit specified in Rule 2(oa) does not have any application with regard to “saved permits”, has been held by a Division Bench of this Court in Kerala State Road Transport Corporation v. Saju Varkey and Ors. [2018 (4) KHC 617]. That the Government Orders brought in the year 2015 and 2020 are of no relevance in considering the rights of saved permit holders, has been held by this Court in Hyderali v. The Regional Transport Authority and Ors. in W.P.(C) No.8702/2021 and connected cases. The saved permit holder is entitled for renewal of his permit till a valid scheme of nationalisation is brought in, under the provisions of the Motor Vehicles Act.

In the light of the above, it is declared that, the application for renewal of permit and for temporary permit pending renewal of regular permit if any, submitted by the petitioner is liable to be considered without reckoning the route length.

Writ petition is disposed of as above.