Dismissed

V.S.Pradeep v. the State Transport Authority

Kerala HC6 Dec 2017WP(C)/2409/2017

Case brief

AI extract

What is this about?

The court heard writ petitions challenging guidelines on special permit grants for stage carriages. Counsel submitted withdrawal in favor of revision under Section 90 of the Motor Vehicles Act, 1988. The petitions were dismissed as withdrawn.

What did the court decide?

Writ petitions dismissed as withdrawn without prejudice to the right to file a revision before the State Transport Appellate Tribunal.

V.S.Pradeep Vs the State Transport Authority — Civil Procedure and Limitation | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939

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WP(C).No. 2409 of 2017 (A)

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PETITIONER(S):

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1. V.S.PRADEEP, S/O.SANKARANARAYANAN, VIYYOKKARAN HOUSE,

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P.O.VALLANIKKARA, THRISSUR.

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2. DIVYA, W/O.SATHYAN, CHEMMANGATTUVALAPPIL HOUSE,

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AMALA NAGAR.P.O., THRISSUR.

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3. THRISSUR ZILLA PRIVATE BUS OPERATORS WELFARE ORGANISATION, TRAVELLERS TOWER, ST NAGAR, THRISSUR, REPRESENTED BY GENERAL SECRETARY, V.S.PRADEEP.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT(S):

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1. THE STATE TRANSPORT AUTHORITY, TRIVANDRUM, PIN - 695 001.

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2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, PIN - 68001.

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BY SENIOR GOVERNMENT PLEADER SRI.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-12-2017 ALONG WITH WPC. 2422/2017 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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ANIL K.NARENDRAN, J.

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W.P.(C).Nos.2409, 2422, 2628, 2687 & 12505 of 2017

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Dated this the 6^th day of December, 2017

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J U D G M E N T

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These cases arise out of the decision of State Transport Authority dated 22.11.2016, whereby, certain guidelines were formulated in the matter of grant of special permit. The said guidelines reads thus :

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“1. No special permit to Stage Carriages will be issued on working days.

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2. Applications for special permit should be submitted to and received by the concerned Authority 10 days in advance with proof of necessity of the journey.

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3. Period of each permit is restricted to maximum of two consecutive days of which at least one should be a holiday.

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4. The number of such special permits which can be issued to a particular stage carriage is limited to one in a calender month.”

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W.P.(C).Nos.2409, 2422 and 2628 of 2017 were filed by the petitioners on 23.01.2017. W.P.(C).No.2687 of 2017 was filed on 25.01.2017 and W.P.(C).No.12505 of 2017 on 06.04.2017. Today, when these writ petitions are taken up for consideration, the learned counsel for the petitioners submit that the petitioners may

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W.P.(C).Nos.2409, 2422, 2628, 2687 & 12505 of 2017 2

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be permitted to withdraw these writ petitions without prejudice to their right to file a revision before the State Transport Appellate Tribunal under Section 90 of the Motor Vehicles Act, 1988.

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In such circumstances, recording the aforesaid submission made by the learned counsel for the petitioners, these writ petitions are dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners.

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Sd/-

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ANIL K.NARENDRAN JUDGE

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/True Copy/

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P.A to Judge

V.S.Pradeep v. the State Transport Authority

Case brief

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V.S.Pradeep v. the State Transport Authority

Case brief

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