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2017 Supreme(Online)(KER) 40900

HIGH COURT OF KERALA
MOHAN M. SHANTANAGOUDAR, CJ, ANIL K. NARENDRAN, J
P.V CHACKO – Appellant
Versus
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY. – Respondent


Advocates:
Sri.G.Prabhakaran, Sri.P.Deepak, Sri.V.Tekchand

JUDGMENT

Mohan M.Shantanagoudar, C.J.

The judgment dated 25.01.2017 in W.P(C) No.2533 of 2017 is called in question in this appeal by respondents 2 and 3 therein.

2. Records reveal that the second respondent, the writ petitioner, applied for grant of regular permit to operate a stage carriage service on an inter-regional route. Along with that, an application for temporary permit to operate services on the route was also preferred by the second respondent. During the subsistence of the application for grant of regular permit, the second respondent was granted temporary permit for 20 days duration and consequently, she was operating the service on the route in question on the strength of temporary permits.

3. It is seen that concurrence was sought on the application preferred by the second respondent for grant of temporary permit from the sister Regional Transport Authority and the same is granted as per Exhibit P5. Based on Exhibit P5, the second respondent approached this Court by filing W.P(C) No.2533 of 2017 seeking a direction to the Secretary of Regional Transport Authority (RTA) to grant temporary permit applied for by her. The said writ petition came to be allowed by the impugn

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