Single judge of Kerala High Court extended an interim order valid in a motor vehicle appeal for 15 days to permit continued operation pending tribunal disposal.
Interim order passed in M.V.A.A. No.214 of 2022 extended for 15 days.
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
TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944
WP(C) NO. 46 OF 2023
PETITIONER:
ALEX JACOB
AGED 56 YEARS
SON OF JACOB CHANDY, KAVALAM PUTHENPARAMBIL HOUSE,
CHANGANACHERRY P.O., KOTTAYAM., PIN – 686 101
BY ADV I.DINESH MENON
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOTTAYAM., PIN – 686 0022 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., KOTTAYAM., PIN – 686 002OTHER PRESENT:
SRI.SUNIL KUMAR KURIAKOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 46 of 2023
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P.V.KUNHIKRISHNAN, J
---------------------------------------
WP(C) No. 46 of 2023
-------------------------------------Dated this the 3rd day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
Government Pleader.
WP(C) No. 46 of 2023
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appeal can be extended for a period of 15 days. Admittedly, the appeal is pending before the STAT. Already an interim order is passed by the STAT. Admittedly, The STAT is not sitting now. In such circumstances, without expressing any opinion on merits, the interim order can be extended for a period of 15 days. I make it clear that, I have not considered the matter on merit and the STAT is free to pass appropriate orders in the appeal in accordance to law.
Therefore this writ petition is disposed of, extending the interim order
passed in M.V.A.A. No.214 of 2022 for a period of 15 days.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
AMR
WP(C) No. 46 of 2023
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APPENDIX OF WP(C) 46/2023
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER OF REJECTION BY THE
RTA KOTTAYAM DAVING 17.10.2022 HAVING
ORDER NO.J6/11814/2022/K.
Exhibit P2TRUE COPY OF THE APPEAL MEMORANDUM BEFORE
THE STATE TRANSPORT APPELLATE TRIBUNAL IN
MVAA NO.214/2022 DATED 26.10.2022.
Exhibit P3TRUE COPY OF THE INTERIM ORDER IN M.P.
NO.1124/2022 IN MVAA NO.214/2022 DATED
31.10.2022.
Exhibit P4TRUE COPY OF THE TEMPORARY PERMIT DATED
8.11.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P5TRUE COPY OF THE PETITION FOR EXTENSION OF
INTERIM ORDER SUBMITTED BEFORE THE
TRIBUNAL BY THE PETITIONER DATED
31.12.2022.
Exhibit P6TRUE COPY OF THE INTERIM ORDER IN WP[C]
NO.42910/2022 DATED 30.12.2022.
Alex Jacob
The Regional Transport Authority Kottayam
The Secretary Regional Transport Authority
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court