Javas, vs the Secretary, - Court Judgment

SooperKanoon Citationsooperkanoon.com/1636271
CourtKerala High Court
Decided OnJul-09-2021
Case NumberWP(C)/10708/2021
JudgeHonourable Mr. Justice P.V.Kunhikrishnan
AppellantJAVAS,
RespondentThe Secretary,
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan friday, the 9th day of july 2021 / 18th ashadha, 1943 wp(c) no. 11297 of 2021 petitioner/s: usman aged 48 years s/o. late muhammed, panginikadan house, kadannamanna p.o, malappuram 679 324 by adv i.dinesh menon respondent/s: 1 the state transport appellate tribunal ernakulam, district court complex, ernakulam, kochi 6822 the regional transport authority, malappuram, regional transport office, civil station p.o, malappuram 676 505 3 the secretary, regional transport authority, malappuram, regional transport office, civil station p.o, malappuram 676 505 other present: smt.sheeja.c.s., gp this writ petition (civil) having come up for admission on 09.07.2021, along with wp(c).10708/2021, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mr. justice p.v.kunhikrishnan friday, the 9th day of july 2021 / 18th ashadha, 1943 wp(c) no. 10708 of 2021 petitioner/s: javas, aged 36 years s/o. jabbar, nedumpurackal house, kallur p.o., thrissur-680 031 by adv i.dinesh menon respondent/s: the secretary, regional transport authority, thrissur, regional transport office, civil station p.o., thrissur- smt. sheeja c.s, gp this writ petition (civil) having come up for admission on 09.07.2021, along with wp(c).11297/2021, the court on the same day delivered the following:p.v.kunhikrishnan, j.======================== ======================== dated this the 9th day of july 2021judgmentthese two writ petitions are filed with a prayer to extent the interim order passed by the stat, stating that, the stat is not functioning because of the covid pandemic. this court passed an interim order infavour of the petitioner in these writ petitions. this court ordered status quo. now it is informed that, the tribunal is functioning. therefore, without going to the merit of the case, i think, the interim order can be extended for a further period of two weeks. in the meanwhile, the petitioner can approach the tribunal concerned and get appropriate orders. therefore, these writ petitions are disposed with liberty to the petitioner to approach the tribunal for further directions. the interim order of status quo already granted by this court is stand extended for a further period of two weeks. (sd/-) p.v.kunhikrishnan judge lu appendix of wp(c) 10708/2021 petitioner annexure exhibit p1 true copy of the proceedings dated 9.1.2021 rejecting the application for temporary permit exhibit p2 true copy of the memorandum in mvaa no.11/2021 exhibit p3 true copy of the interim order in mp no.29/2021 in mvaa no.11/2021 dated 15.1.2021 exhibit p4 true copy of the interim order in mp no.29/2021 in mvaa no.11/2021 dated 5.2.2021 exhibit p5 true copy of the temporary permit dated 30.3.2021 exhibit p6 true copy of the petitioner for extension dated 14.4.2021 exhibit p7 true copy of the temporary permit application dated 13.4.2021 appendix of wp(c) 11297/2021 petitioner annexure exhibit p1 true copy of the temporary permit dated 16-08-2019. exhibit p2 true copy of the judgment in mvaa no.10/2019 dated 17-04-2019. exhibit p3 true copy of the rejection order dated 10-07-2019 exhibit p4 true copy of the appeal in mvaa no. exhibits. exhibit p5 true copy of the interim order in m.p no . no 42/2020 in mvaa no. 186/2019 dated 16-1-2020 exhibit p6 true copy of the status report dated 19- 02-2021 granting extension of interimorder in m.p 78/2021exhibit p7 true copy of the interim order in wp(c) no. 10708/2021 dated 30-04-2021. // true copy // pa to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 9TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 WP(C) NO. 11297 OF 2021 PETITIONER/S: USMAN AGED 48 YEARS S/O. LATE MUHAMMED, PANGINIKADAN HOUSE, KADANNAMANNA P.O, MALAPPURAM 679 324 BY ADV I.DINESH MENON RESPONDENT/S: 1 THE STATE TRANSPORT APPELLATE TRIBUNAL ERNAKULAM, DISTRICT COURT COMPLEX, ERNAKULAM, KOCHI 682

2 THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O, MALAPPURAM 676 505 3 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O, MALAPPURAM 676 505 OTHER PRESENT: SMT.SHEEJA.C.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2021, ALONG WITH WP(C).10708/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 9TH DAY OF JULY 2021 / 18TH ASHADHA, 1943 WP(C) NO. 10708 OF 2021 PETITIONER/S: JAVAS, AGED 36 YEARS S/O. JABBAR, NEDUMPURACKAL HOUSE, KALLUR P.O., THRISSUR-680 031 BY ADV I.DINESH MENON RESPONDENT/S: THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., THRISSUR- SMT. SHEEJA C.S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.07.2021, ALONG WITH WP(C).11297/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

======================== ======================== Dated this the 9th day of July 2021

JUDGMENT

These two writ petitions are filed with a prayer to extent the interim order passed by the STAT, stating that, the STAT is not functioning because of the Covid pandemic. This Court passed an interim order infavour of the petitioner in these writ petitions. This Court ordered status quo. Now it is informed that, the tribunal is functioning. Therefore, without going to the merit of the case, I think, the interim order can be extended for a further period of two weeks. In the meanwhile, the petitioner can approach the tribunal concerned and get appropriate orders. Therefore, these writ petitions are disposed with liberty to the petitioner to approach the tribunal for further directions. The interim order of status quo already granted by this Court is stand extended for a further period of two weeks. (Sd/-) P.V.KUNHIKRISHNAN JUDGE LU APPENDIX OF WP(C) 10708/2021 PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 9.1.2021 REJECTING THE APPLICATION FOR TEMPORARY PERMIT EXHIBIT P2 TRUE COPY OF THE MEMORANDUM IN MVAA NO.11/2021 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN MP NO.29/2021 IN MVAA NO.11/2021 DATED 15.1.2021 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN MP NO.29/2021 IN MVAA NO.11/2021 DATED 5.2.2021 EXHIBIT P5 TRUE COPY OF THE TEMPORARY PERMIT DATED 30.3.2021 EXHIBIT P6 TRUE COPY OF THE PETITIONER FOR EXTENSION DATED 14.4.2021 EXHIBIT P7 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 13.4.2021 APPENDIX OF WP(C) 11297/2021 PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF THE TEMPORARY PERMIT DATED 16-08-2019. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN MVAA NO.10/2019 DATED 17-04-2019. EXHIBIT P3 TRUE COPY OF THE REJECTION ORDER DATED 10-07-2019 EXHIBIT P4 TRUE COPY OF THE APPEAL IN MVAA NO. EXHIBITS. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN M.P NO . NO 42/2020 IN MVAA NO. 186/2019 DATED 16-1-2020 EXHIBIT P6 TRUE COPY OF THE STATUS REPORT DATED 19- 02-2021 GRANTING EXTENSION OF INTERIM

ORDER IN M.P 78/2021

EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO. 10708/2021 DATED 30-04-2021. // True Copy // PA To Judge