In this writ petition, the High Court of Kerala extended a STAT interim order allowing the petitioner to ply a vehicle for 15 days until the Tribunal can consider the extension petition, clarifying that the interim relief was not on merit.
Interim order dated 28.11.2022 in M.V.A.A.No.51/2018 extended for a period of 15 days from today.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944
WP(C) NO. 191 OF 2023
PETITIONER:
Y.THOMAS
AGED 62 YEARS
SON OF LATE JOHN, BETHEL HOUSE,
PATTIKKAD P.O., THRISSUR., PIN - 680652
BY ADV I.DINESH MENON
RESPONDENT/S:
1 THE REGIONAL TRANSPORT AUTHORITY PALAKKAD, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., PALAKKAD., PIN - 6780012THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
PALAKKAD., PIN - 678001
OTHER PRESENT:
SRI.JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.191/2023
2
P.V.KUNHIKRISHNAN, J.
W.P.(C).No.191 of 2023
Dated this the 04th day of January, 2023
JUDGMENT
This writ petition is filed with following prayers:
State Transport Appellate Tribunal (STAT), Ernakulam. The
WP(C).No.191/2023
3
STAT passed Ext.P3 interim order on 28.11.2022. Based on Ext.P3 order, the petitioner is plying his vehicle. Now the period of Ext.P3 order is expiring on 05.01.2023. The STAT is not sitting now. The grievance of the petitioner is that if the interim order is not extended, there will be difficulty to the petitioner. Hence this writ petition.
Therefore, this writ petition is disposed of extending the interim order dated 28.11.2022 in M.P.No.1280/2022 in M.V.A.A.No.51/2018 for a period of 15 days. It is made clear that I have not considered the matter on merit and the STAT is free to pass appropriate orders in accordance to law.
sd/-
P.V.KUNHIKRISHNAN JUDGE
JV
WP(C).No.191/2023
4
APPENDIX OF WP(C) 191/2023
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER OF REJECTION OF
RENEWAL APPLICATION DATED 28.12.2017.
Exhibit P2TRUE COPY OF THE APPEAL MEMORANDUM IN
MVAA NO.51/2018 DATED 8.3.2018.
Exhibit P3TRUE COPY OF THE INTERIM ORDER IN
M.P.NO.1280/2022 IN MVAA NO.51/2018
DATED 2811.2022.
Exhibit P4TRUE COPY OF THE PETITON FOR EXTENSION
OF INTERIM ORDER SUBMITTED BY THE
PETITIONER BEFORE THE TRIBUNAL DATED
03.01.2023.
Exhibit P5TRUE COPY OF THE INTERIM ORDER IN
WP[C] NO.42910/2022 DATED 30.12.2022.
Y. Thomas
Regional Transport Authority Palakkad
Secretary Regional Transport Authority Palakkad
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court