IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7324 of 2011(M) ------------------------- PETITIONER(S): --------------- M.O.BABY, 19/278, MALEKKUDY HOUSE, IRINGOLE P.O., PERUMBAVOOR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA-686 661. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.7324 of 2011 ------------------------------- Dated this the 9th day of March, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage bearing registration No.KL-13/N 3441 on the route Thommankuthu – Ernakulam on the strength of a regular permit, that is valid till 7.2.2012, as a fast passenger service. As per rule 2(ea) read with rule 260-A of the Kerala Motor Vehicle Rules, only a stage carriage which is less than 5 years old from the date of its registration shall be permitted to operate as a fast passenger service. Since the petitioner's vehicle which is mentioned in Ext.P1 permit is more than 5 years old, he purchased a 2007 model vehicle bearing registration No.KL-08/AM 599 and thereafter submitted Ext.P4 application for replacement of the existing vehicle with the said vehicle. Shortly thereafter, the petitioner submitted Ext.P5 representation dated 21.2.2011 for expeditious orders on the application for issuing a clearance certificate to the outgoing vehicle. In this writ petition, the petitioner seeks a direction to the respondent to pass expeditious orders on Ext.P4 application for replacement and Ext.P5 application for issuance of a clearance certificate in respect of the out going vehicle. W.P.(C) No.7324 of 2011 2 2. Ext.P1 permit discloses that the petitioner is operating a stage carriage on the route Thommankuthu-Ernakulam as a fast passenger service. Under rule 2(ea) read with rule 260-A of the Kerala Motor Vehicles Rules, 1989, only a stage carriage which is less than 5 years old from the date of its registration can be permitted to operate as a fast passenger service. The petitioner has therefore withdrawn the service. It is evident from the materials on record that the petitioner has purchased a later model vehicle and has also applied for replacement of the vehicle described in Ext.P1 permit with that vehicle. In such circumstances, as any delay in resumption of service will be detrimental to the interests of the petitioner and the travelling public including students who may choose to travel by fast passenger service, I am of the opinion that the respondent should consider Ext.P4 application and pass orders thereon. I, accordingly, dispose of the writ petition with a direction to the respondent tol take up Ext.P4 petition and pass orders thereon expeditiously and in any event within two weeks from the date on which the petitioner produces a copy of this judgment before him, if Ext.P4 petition is in order and the requisite fee has been paid. The W.P.(C) No.7324 of 2011 3 respondent shall also within the said time limit dispose of Ext.P5 petition by issuing the necessary clearance certificate. P.N. RAVINDRAN, JUDGE. nj.