IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 4774 of 2011(V) ------------------------- PETITIONER(S): --------------- SHIHABUDHEEN, S/O.MUHAMMED, CHERUSSOLA HOUSE, IDIVANNA, NILAMBUR, MALAPPURAM. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505. BY GOVT. PLEADER SRI.P.M.MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.4774 of 2011 EXT.P1 TRUE COPY OF THE APPLICATION FOR VARIATION OF THE PERMIT SUBMITTED BY THE PETITIONER ALONG ITS COVERING LETTER DATED 19.3.2010 EXT.P2 TRUE COPY OF THE DECISION OF THE FIRST RESPONDENT AT ITS MEETING HELD ON 22.12.2010 IN ITEM NO. 43 //true copy// P.A. To Judge. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4774 of 2011 ------------------------------- Dated this the 10th day of March, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Erumamunda – Kaippinikadavu via Chembankolly and Kurumbalangode on the strength of a regular permit which is valid till 30.6.2013. The petitioner applied for variation of the permit so as to facilitate extension of the service from Kaippini Kadavu to Chungathara. Such an application was submitted in view of the opening of a new bridge at Kaippini Kadavu. The Regional Transport Authority that met on 22.12.2010 resolved to grant the variation sought, subject to settlement of timings. The petitioner submits that though pursuant to the receipt of Ext.P2 order, the current records were produced on 8.2.2011, within the time limit of 30 days from the date of communication of the order as stipulated in rule 159 of the Kerala Motor Vehicles Rules and the records were in order, till date the Secretary, Regional Transport Authority, Malappuram has not settled the timings and issued the permit. In this writ petition the petitioner seeks a direction to the Secretary, Regional Transport Authority, Malappuram to settle the timings and issue the permit in implementation of Ext.P2 decision of the Regional Transport Authority, Malappuram, within a time limit to be fixed by this Court. 2. Sri.P.M.Manoj, the learned Government Pleader W.P.(C) No.4774 of 2011 2 appearing for the respondents, submitted that if the current records of the vehicle have been produced within the time limit stipulated in Ext.P2 and the records are in order, the Secretary, Regional Transport Authority, Malappuram will issue the permit after settling the timings expeditiously. In the light of the above submission and having regard to the fact that the variation sought by the petitioner will provide travel facilities along the newly opened bridge, I dispose of the writ petition with a direction to the Secretary, Regional Transport Authority, Malappuram to settle the timings and issue the permit in implementation of Ext.P2 decision, if the petitioner has produced the current records of the vehicle within the time stipulated in rule 159 of the Kerala Motor Vehicles Rules and the records are in order, expeditiously and in any event within six weeks from today. Needless to say, the Secretary, Regional Transport Authority, Malappuram shall issue notice to and afford an opportunity of being heard to the petitioner and other stage carriage operators operating on the route/sectors thereof. P.N. RAVINDRAN, JUDGE. nj.