Kerala High Court
WP(C)/13555/2025 of MOLY IMMANUEL Vs THE REGIONAL TRANSPORT AUTHORITY on 3 April 2025
OF 2025 1 2025:KER:30101 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13555 OF 2025 PETITIONER/S: MOLY IMMANUEL AGED 55 YEARS W/O IMMANUEL, MUNDAYKKAL, CHETHIMATTAM, PALA, KOTTAYAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 13555 OF 2025
PETITIONER/S:
MOLY IMMANUEL
AGED 55 YEARS
W/O IMMANUEL, MUNDAYKKAL, CHETHIMATTAM, PALA, KOTTAYAM
DISTRICT., PIN - 686574
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENT/S:
THE REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, COLLECTORATE PO, KOTTAYAM , REPRESENTED
BY ITS SECRETARY., PIN - 686002
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, COLLECTORATE PO, KOTTAYAM ., PIN - 686002
OTHER PRESENT:
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition was filed being aggrieved by the fact that the 2nd respondent had issued Ext.P11 proceedings practically taking the stand that Ext.P10 order of the State Transport Appellate Tribunal is not sustainable in law and refusing to implement the order.
2. The learned Government Pleader submits that Ext.P11 has been withdrawn on 28.03.2025. It is further submitted that there are two mistakes in Ext.P10 order in as much as there is a direction to issue a regular permit, whereas the direction ought to have been to issue a temporary permit.
3. The learned counsel appearing for the petitioner submits that the same is an obvious mistake and the petitioner will take steps to get the order corrected immediately.
4. Taking into consideration the above submission, this Writ Petition is closed as no further orders are necessary. On the petitioner producing a corrected copy of Ext.P10 before the 2nd respondent, steps shall be taken to implement the order, unless the said order is modified or stayed in a manner known to law. sd/- GOPINATH P. JUDGE Nsd
APPENDIX OF WP(C) 13555/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE TEMPORARY PERMIT ISSUED FOR THE PERIOD FROM 24-01-2025 TO 12-02-2025 DATED 23-01-2025 Exhibit P-2 TRUE COPY OF THE TEMPORARY PERMIT RE-ISSUED FOR THE PERIOD FROM 13-02-2025 TO 04-03-2025 DATED 13-02-2025 Exhibit P-3 TRUE COPY OF THE TEMPORARY PERMIT RE-ISSUED FOR THE PERIOD FROM 05-03-2025 TO 24-03-2025 DATED 11-03-2025 Exhibit P-4 TRUE COPY OF THE PROCEEDINGS VIDE ORDER NO.J5/4611/20224/K DATED 23-01-2025 WHEREBY THE TEMPORARY PERMIT WAS ISSUED Exhibit P-5 TRUE COPY OF THE APPLICATION FOR RE-ISSUE OF TEMPORARY PERMIT SUBMITTED BY THE PETITIONER UNDER SECTION 87(1)(A) AND (C) OF THE MOTOR VEHICLES ACT DATED 14-03-2025 Exhibit P-6 TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO EXHIBIT P-5 DATED 14-03-
Exhibit P-7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18-03-2025 REJECTING THE APPLICATION FOR TEMPORARY PERMIT Exhibit P-8 TRUE COPY OF THE MEMORANDUM OF APPEAL IN MVAA NO.73/2025 WITHOUT ITS EXHIBITS DATED 19-03-
Exhibit P-9 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL IN M.P.NO.663/2025 IN MVAA NO.73/2025 DATED 21-03-2025 Exhibit P-10 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL IN M.P.NO.698 OF 2025 IN MVAA NO.73/2025 DATED 25-03-2025 Exhibit P-11 TRUE COPY OF THE ORDER VIDE NO.J1/626/2025/K DATED 28-03-2025 ISSUED BY THE 2ND RESPONDENT Exhibit P-12 TRUE COPY OF THE DECISION OF THIS HON’BLE COURT REPORTED IN CANNANUR DISTRICT BUS
OPERATORS ASSOCIATION AND ORS. VS. STATE OF KERALA AND ORS. 2017(3) KHC 614