High CourtsSingle Bench(2022) 03 KL CK 0099

Vipin N.K.Vs Secretary, Regional Transport Authority Kozhikode, Civil Station, Malaparamba, Kozhikode 673020

High Court Of Kerala · Decided on 14 March 2022

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7924 Of 2022

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Judgment

5 paragraphs · 211 words

Sathish Ninan, J

1.

Petitioners in these writ petitions are “saved permit holders”. Their applications for renewal of permits 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 their grievance.

2.

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 holders are entitled for renewal of their permits till a valid scheme of nationalisation is brought in, under the provisions of the Motor Vehicles Act.

3.

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

Writ petitions are disposed of as above.