THE REGIONAL TRANSPORT AUTHORITY Vs. M.A.SHAJI
LAWS(KER)-2017-11-105
HIGH COURT OF KERALA
Decided on November 20,2017

THE REGIONAL TRANSPORT AUTHORITY Appellant
VERSUS
M.A.SHAJI Respondents

JUDGEMENT

ANTONY DOMINIC,J. - (1.) Heard learned Government Pleader and the learned counsel appearing for the respondent.
(2.) This appeal is filed against the order dated 20.11.2017 passed by the learned Single Judge in Writ Petition No.37276 of 2017. By the said order, the learned Single Judge directed that Ext.P10 application submitted by the respondent seeking re- issue of temporary permit shall be considered and temporary permit issued successively for a period of four months. This order is impugned on the ground that it is against the provisions of Section 87 of the Motor Vehicles Act and the judgments of this Court reported in Cannanore District Bus Operators Association v. State of Kerala [2017 (3) KLT 126] and Private Bus Owners Organization, Vypin, Paravur Unit v. Transport Commissioner, Thiruvananthapuram and Others [2017 (5) KHC 419].
(3.) On the other hand, learned counsel for the respondent submits that the temporary permits were being issued successively, pursuant to Exts.P2 and P6. It is also submitted that the need of temporary permit has been recognised by the appellants themselves in Ext.P8 report and that, therefore, there is no substance in the plea now raised by the learned Government Pleader relying on the provisions of Section 87 of the Motor Vehicles Act.;


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