IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25445 of 2011(E) ---------------------------------- PETITIONER(S): -------------------- A. PRASAD, S/O. KRISHNAN, ATTOOR HOUSE, CHENOTHKANDY PARAMBA, NADAKKAVU, CALICUT. BY ADV. SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673020, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673020. BY GOVT.PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE REGULAR PERMIT DATED 4.1.2007. EXHIBIT P2: COPY OF THE REPLACING APPLICATION DATED 23.12.2010. EXHIBIT P3: COPY OF CHALLAN DATED 14.12.2010. /TRUE COPY/ PS TO JUDGE P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C).No. 25445 of 2011 ---------------------------------------------- Dated this the 26th day of September, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Karuvanthiruthy - Medical College on the strength of a regular permit. The said permit was issued on 11.1.2007 and is valid till 10.12.2011. The petitioner was operating the service with stage carriage bearing registration No.KL-7-H/7756 with a seating capacity of 39 persons. The petitioner has, on 23.12.2010, filed Ext.P2 application for replacement of the said vehicle with stage carriage bearing registration No.KL-11-G/315, a 1997 model vehicle, having a similar seating capacity. This writ petition is filed contending that though more than 9 months have passed after Ext.P2 application was submitted, till date, orders have not been passed thereon. It is stated that the vehicle KL-7-H/7756 has been garaged as it is not suitable for operation as a stage carriage and unless expeditious orders are passed on Ext.P2 application, the petitioner will be put to serious prejudice. WPC.25445/11 2 2. When this writ petition was taken up for admission today, the learned Government Pleader appearing for the respondents submitted that if the original of Ext.P2 has been received and it is pending, it will be considered by the competent authority among the respondents and an appropriate decision taken thereon expeditiously. 4. Ext.P1 discloses that the petitioner holds a stage carriage permit to operate a stage carriage on the route Karuvanthiruthy - Medical College. The said permit is valid till 10.12.2011. It is stated that the vehicle mentioned in the permit has been garaged as it is not roadworthy. The petitioner as well as the general public will certainly be put to prejudice. I am, therefore, of the opinion that Ext.P2 application should be expeditiously disposed of, if it has been received and it is pending. I, accordingly, dispose of the writ petition with a direction to the competent authority among the respondents to take up Ext.P2 representation dated 23.12.2010 for replacement of the vehicle, if the same has been received and is pending and pass appropriate orders thereon expeditiously and in any event within one month WPC.25445/11 3 from the date on which the petitioner produces a certified copy of this judgment before the second respondent. Sd/- P.N.RAVINDRAN, JUDGE vgs