IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 37597 of 2007(A) -------------------------------- PETITIONER: ------------ 1. M.ACHUTHAN, AGED 42, S/O.KUNHIRAMAN, MEETHA MANGAD, P.O.BARA, (VIA) UDMA, KASARAGOD DISTRICT. 2. T.P.KANDANKORAN, AGED 70, S/O.RAMAN ANTHITHIRIYAN, SUJATHALAYAM, P.O.MANIYAT, HOSDURG TALUK, KASARAGOD DISTRICT. 3. A.V.MEENAKSHI AMMA, AGED 53, W/O.KUNHIKANNAN NAIR, USHAS ADAMBIL, P.O.BALLA, ANANDASHRAMAM, HOSDURG TALUK, KASARAGOD. BY ADV. SMT.R.PADMAKUMARI RESPONDENTS: ----------------- 1. THE SECRETARY, R.T.A, KASARAGOD. 2. THE R.T.A., KASARAGOD, REP. BY ITS SECRETARY. BY ADV. SRI. SMITHA SUKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 37597/2007 : 2 : APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: THE TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE KL-9/D 5844. EXT.P2: THE TRUE COPY OF THE REGULAR PERMIT OF STAGE CARRIAGE KL-10-G2673. EXT.P3: THE TRUE COPY OF THE PERMIT OF THE STAGE CARRIAGE KL 14-D 323 EXT.P4: THE TRUE COPY OF THE NOTICE ISSUED TO THE PERMIT HOLDER OF THE STAGE CARRIAGE KL-14/D 5507. EXT.P5: THE TRUE COPY OF THE JUDGMENT IN W.A.NO. 2056/2003 DATED 21.10.2004. EXT.P6: THE TRUE COPY OF THE JUDGMENT DATED 11.09.2007 IN W.P. (C) NO. 21627/07 EXT.P7: THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 4321/07 DATED 12.03.2007. /True Copy/ P.A to Judge. C.N.RAMACHANDRAN NAIR, J = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 37597 OF 2007 = = = = = = = = = = = = = Dated this the 19th day of February, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The original petition is for a direction to the respondents to renew the regular permit issued to the petitioners for operation of Mini Bus. Government pleader submitted that Government authorise issue of permit only for motor vehicles with 7500 kg and above weight. It is not known whether the Government has consider petitioner's type of vehicle unsafe for the passengers and if not there is no justification in not renewing permit. On my querry, counsel for the petitioner submitted that vehicle operated by the petitioners have four wheels in the rear. Counsel has also referred to Ext.P7 judgment, wherein this court directed the Government to decide the eligibility of this type of light motor vehicle to operate as stage carriage. Government pleader has no information as to whether the Government has taken a decision. I do not find any justification for the Government to prolong the matter indefinitely. Therefore, this original petition is disposed of directing the Government to decide the issue within a period of W.P.(C).No. 37597 OF 2007 2 three months from now. There will be a direction to the respondents to renew the permit of the petitioners for 4 months from now and thereafter, renewal will be based on the eligibility of the motor vehicle, to operate as stage carriage based on the Government Order. Government pleader shall forward a copy of this judgment to the concerned Government Secretary for taking a decision. C.N.RAMACHANDRAN NAIR, JUDGE bkn/-