IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 38366 of 2010(U) -------------------------- PETITIONER(S): --------------- SURESHKUMAR, ERATH AMBALAMPURATH, KAMUKUMCHERY, THALAVOOR. BY ADV. SRI.PRASAD CHANDRAN RESPONDENT(S): --------------- 1. THE SECRETARY, REGIONAL TRANSPORT KOLLAM, PIN-691 001. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KOLLAM, PIN-691 001. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.38366 of 2010 ----------------------------------------- Dated this the 6th day of January, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Oachira-Punalur. Ext.P1, the permit issued to the said stage carriage, was valid till 31.12.2010. It is stated that though with a view to seek a renewal of the said permit the petitioner had tendered the original of Ext.P2 application dated 15.12.2010 to the Secretary, Regional Transport Authority, Kollam to be placed before the Regional Transport Authority, Kollam, the Secretary did not receive the application. The petitioner submits that Ext.P2 application was tendered along with Ext.P3 covering letter and the receipt evidencing payment of the prescribed fee. In this writ petition the petitioner seeks a direction to the Secretary, Regional Transport Authority, Kollam, to receive Ext.P2 application for renewal of Ext.P1 permit. 2. Sri.Prasad Chandran, learned counsel appearing for the petitioner, submitted that in view of the failure of the Secretary, Regional Transport Authority, Kollam, to receive Ext.P2 application W.P(C).No.38366 of 2010 -:2:- the petitioner has not been able to operate the stage carriage service after 31.12.2010. He submitted that though under sub- section (2) of section 81 of the Motor Vehicles Act, 1988 an application for renewal of the permit has to be made not less than 15 days prior to its expiry, sub-section (3) of section 81 empowers the Regional Transport Authority to condone the delay in submitting an application within the period stipulated if sufficient cause is shown and that in the instant case as the petitioner has not been at fault and the delay occurred due to the failure of the Secretary to receive the application, it is submitted that the writ petition may be disposed of directing the Secretary to receive the original of Ext.P2 application and to place it before the Regional Transport Authority, Kollam and to direct the Regional Transport Authority to condone the delay in filing the application and to pass orders thereof in accordance with law. 3. Sri.Basant Balaji, learned Government Pleader appearing for the respondents, submitted that the petitioner did not submit the original of Ext.P2 before the Secretary, Regional Transport Authority, Kollam within the prescribed time and therefore the said application was not received. 4. It is evident from the submissions made at the Bar that W.P(C).No.38366 of 2010 -:3:- there is dispute as to the date on which the original of Ext.P2 application was tendered to the Secretary, Regional Transport Authority, Kollam. It is also evident from the submissions made by the learned Government Pleader that the petitioner had gone over to the office of the Secretary, Regional Transport Authority, Kollam for the purpose of submitting an application, but the Secretary declined to receive the application on the ground that it was made belatedly. In my opinion as the Regional Transport Authority is empowered to condone the delay in submitting applications for renewal of permits, the Secretary, Regional Transport Authority should receive the application and place it before the Regional Transport Authority so that the Regional Transport Authority can consider whether the permit should be renewed after condoning the delay. In such circumstances I dispose of the writ petition with a direction to the Secretary, Regional Transport Authority, Kollam to receive the original of Ext.P2 application if the petitioner re- submits the same along with the prescribed fee and place it before the Regional Transport Authority for consideration. It will be open to the petitioner to submit along with Ext.P2 a representation explaining the delay in submitting the application for renewal of W.P(C).No.38366 of 2010 -:4:- the permit and the Regional Transport Authority shall consider the same having due regard to the fact that the petitioner has been operating the stage carriage for the past several years. The Regional Transport Authority shall take a decision on the petitioner's application for renewal of the permit expeditiously and in any event within one month from the date of receipt of the application. In the meanwhile, it will be open to the petitioner to apply for a temporary permit to operate the stage carriage if a temporary permit is issued. In the event of the petitioner submitting an application for temporary permit, the competent authority shall consider the same and pass orders thereon in accordance with law within one week from the date of receipt of the application. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.38366 of 2010 ---------------------------- JUDGMENT 6th January, 2011