IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23546 of 2011(P) -------------------------- PETITIONER(S): --------------- K.V. HARI MENON, BHAGHYAMANDIRAM, RAMASSERY, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001. BY GOVT.PLEADER SRI.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF RC BOOK OF THE VEHICLE KL-9 E 3737. EXHIBIT P2: COPY OF REGULAR PERMIT ISSUED TO THE PETITIOENR VALID TILL 4.10.2011. EXHIBIT P3: COPY OF APPLICATION FOR REPLACEMENT DATED 26.6.2011 WITH CHALAN RECEIPT. EXHIBIT P4: COPY OF TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID TILL 4.10.2011. EXHIBIT P5: COPY OF JUDGMENT IN WP(C).NO.4945/11 DATED 24.2.2011. /TRUE COPY/ PS TO JUDGE P.N.RAVINDRAN, JUDGE ---------------------------------------------- W.P(C).No. 23546 of 2011 ---------------------------------------------- Dated this the 2nd day of September, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Meenakshipuram - Palakkad on the strength of a regular permit. The said stage carriage permit is valid till 4.10.2011. The petitioner was operating the service with stage carriage bearing registration No.KL-09-E-3737, a 1997 model vehicle with a seating capacity of 48 passengers. With a view to replace that stage carriage with a later model vehicle (2002 model) bearing registration No.KL-9-L/294 with a seating capacity of 28 passengers, the petitioner has submitted Ext. P3 application dated 26.6.2011. The requisite fee was also paid. Since the vehicle, which the petitioner was formerly operating, was garaged for repairs, the petitioner is currently operating the service on the strength of Ext. P4 temporary permit, which was issued on 12.8.2011. This writ petition is filed for an order directing the respondent to consider Ext.P3 application for replacement of the WPC.23546/11 2 vehicle and take an expeditious decision within a time limit to be fixed by this Court. 2. When this writ petition was taken up for consideration today, the learned Government Pleader appearing for the respondent submitted on instructions that the respondent will consider the petitioner's application for replacement of the vehicle in the light of the relevant statutory provisions and take an appropriate decision thereon expeditiously. 3. The permit issued to the petitioner to operate a stage carriage service is valid till 4.10.2011. He is presently operating the service on the strength of a temporary permit. Such being the situation, I am of opinion that the respondent should consider Exhibit P3 application and take a decision by the end of this month, so that if the petitioner's application for replacement is allowed, he can produce the current records of the vehicle now offered by him and have the replacement endorsed on the original of the permit in time. WPC.23546/11 3 I accordingly dispose of the writ petition with a direction to the respondent to consider Ext.P3 application and take an appropriate decision thereon before 30.9.2011. It will be open to the respondent to consider the application in the manner prescribed in Rule 130 of the Kerala Motor Vehicles Rules. P.N.RAVINDRAN, JUDGE vgs