JUDGMENT

The petitioner and the additional second respondent are rival stage carriage operators. The petitioner held a regular permit on the route Kanhanad – Payyannur – Kannur – Kozhikode in respect of vehicle bearing No.KL- 60-F-8490. The application for renewal of permit, curatilment of route, and replacement of the vehicle are pending consideration. In the meantime, the petitioners have filed an application for issuance of temporary permit under Section 87 (1)(c) of the Motor Vehicles Act.

2. The additional second respondent opposes the consideration of application for renewal of permit since according to him, the petitioner had obtained a clearance certificate in respect of stage carriage KL-

60-F-8490 and that the permit does not survive.

3. It is for the authority to consider the applications on its merits; the objections raised by the additional second respondent can also be considered. On the facts as noticed, the application for issuance of temporary permit though submitted under Section 87(1)(d), is liable to be considered only after Section 87(1)(c). Further, in the application of the petitioner as sought for temporary permit for a period of 4 months, in the light of Rule 170 of the Kerala Motor Vehicle Rules, the same is not permissible, the rule being an inter-

district one.

Accordingly, the writ petition is disposed of with the following directions:

“(1) The application for renewal of permit and

curtailment of route shall be taken up for consideration

initially and orders passed.

(2) Thereafter, the application for replacement

shall be considered and orders passed.

(3) The orders as above shall be passed within a

period of two months from the date of receipt of a copy of this judgment.

(4) Orders shall be passed on the temporary permit application treating it to be one under Section 87(1)(c) of the Motor Vehicles Act, within a period of two weeks from the date of receipt of a copy of this judgment. (5) The petitioner and the additional 2nd respondent shall be put on notice and heard, while considering the applications.”

Sd/-

SATHISH NINAN JUDGE rsr APPENDIX OF WP(C) 1044/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED

03.06.2015 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 25.03.2015.

Exhibit P3 TRUE COPY OF JUDGMENT IN M.V. A.A. 4/2017 DATED 25/11/2017 BEFORE THE HONBLE COURT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 12.11.2022 FOR RENEWAL OF PERMIT SUBMITTED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 12.11.2022 FOR VARIATION/CURTAILMENT SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE APPLICATION FOR REPLACEMENT OF THE VEHICLE SUBMITTED BY THE PETITIONER.

Exhibit P7 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 12/11/2022 SUBMITTED BY THE PETITIONER.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO. 26027 OF

2021 DATED 3.12.2021 RENDERED BY THIS HONBLE COURT.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED 22.12.2021 WITH TEMPORARY PERMIT ON THE MODIFIED ROUTE.

Exhibit P10 THE COPY OF THE APPLICATION FOR RE- ISSUE OF TEMPORARY PERMIT ON THE MODIFIED ROUTE DATED

7.01.2022.

APPENDIX OF WP(C) 1044/2022 PETITIONER EXHIBITS Exhibit R-2(a) TRUE COPY OF THE PROCEEDINGS ISSUING TIMINGS TO SC KL-53 3963 DATED 25.9.2018 EXHIBIT R-2(b) TRUE COPY OF THE WRIT PETITION IN WP(C).NO.26067/21