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2022 Supreme(Ker) 1014

S. MANIKUMAR, SHAJI P. CHALY
Shihab – Appellant
Versus
P. K. Moosa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.V.Gopinathan Nair
For the Respondent: Sri. I. Dinesh Menon, Sri. Deepu Thankan, Sri. P. Santhosh Kumar, Spl. Government Pleader

JUDGMENT :

Shaji P. Chaly, J.

The above appeals are filed by one Shihab, who is the appellant in M.V.A.A. No. 68 of 2020 on the files of the State Transport Appellate Tribunal; who was respondent No. 4 and 3 respectively in W.P.(C) Nos. 20705 and 21369 of 2022, challenging the common judgment of the learned single Judge dated 02.08.2022, whereby the writ petitions were allowed and the order passed by the Tribunal was set aside and remitted the matter back to the Tribunal for consideration afresh, after affording an opportunity of hearing to the writ petitioners as well as the appellant within a period of three months from the date of receipt of a copy of the judgment. Parties and exhibits are referred to as in W.A.No. 1251 of 2022.

2. Brief material facts for the disposal of the appeal are as follows:

The appellant has a regular permit to operate the service of a long distance route of Kozhikode-Pattambi having a route length of 84.1 kms. He submitted an application for variation of the permit under Section 80(3) of the Motor Vehicles Act, 1988 (‘Act, 1988’ for short), by extending the route from Chemmad to Parappanangadi having a distance of 6.4 kms, which according to the appellant,

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