IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 32868 of 2011(G) -------------------------- PETITIONER(S): --------------- ABDUL SATHAR, S/O.YOUSUF HAJI, PERAYIL HOUSE, P.O. THIRUKKAD, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 32868/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. TRUE COPY OF THE APPLICATION FOR THE TEMPORARY PERMIT ISSUED BY THE RESPONDENT DATED 25/11/2011. EXHIBIT P2. TRUE COPY OF THE CERTIFICATE DATED 25/11/2011 ISSUED BY THE RESPONDENT EVIDENCING SURRENDER OF PERMIT OF BUS NO.KL-534-2762. EXHIBIT P3. TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT RENEWED ON 21/11/2008 RELATING TO BUS NO.KL-53A-2762. RESPONDENT'S EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32868 OF 2011 -------------------------- Dated this the 20th day of December, 2011 J U D G M E N T The petitioner is the owner of a stage carriage bearing registration No.KL-53A-2762. He applied for a temporary permit of four months duration to operate a stage carriage service on the route Kadampuzha Temple-Perinthalmanna (via) Valanchery, Vengad, Kolathur and Angadipuram in the vacancy of stage carriage bearing registration No.KL-53A-2762. Ext.P1 is a true copy of the application submitted in that regard. This writ peition is filed contending that though the vacancy exists and there is urgent need having regard to the fact that the pilgrimage season to Sabarimala has commenced, the Secretary, Regional Transport Authority, Malappuram has not passed orders on Ext.P1. In this writ petition, the petitioner seeks a direction to the respondent to grant a temporary permit of four month duration by passing appropriate orders on Ext.P1 application. 2. When the writ petition came up for admission on 9.12.2011, the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today, Sri.G.Gopakumar, learned Government Pleader appearing for the respondent submitted that the respondent can grant only 20 days WPC No.32868/2011 2 temporary permit and that the Regional Transport Authority alone can grant temporary permits of four months duration and therefore if the petitioner is satisfied with the grant of 20 days temporary permit, the respondent will consider Ext.P1 application as one for 20 days temporary permit and pass appropriate orders thereon in accordance with law. The learned counsel for the petitioner did not oppose the said submission. In such circumstances, I dispose of the writ petition with a direction to the respondent to pass appropriate orders on Ext.P1 application by treating it as one for the issue of a temporary permit of 20 days duration expeditiously and in any event within two days from the date of receipt of a certified copy of this judgment. In the event of the permit being granted, it shall be issued to the petitioner forthwith and if the vacancy referred to by the petitioner continues, 20 days temporary permits shall be reissued to the petitioner, if applied for. P.N.RAVINDRAN, (JUDGE) vps WPC No.32868/2011 3