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2022 Supreme(Online)(KER) 31292

M. GANGADHARAN – Appellant
Versus
THE SECRETARY – Respondent


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 1

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