IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 26830 of 2008(R) -------------------------- PETITIONER(S): --------------- THE SECRETARY, THRISSUR DISTRICT SCHEDULE CASTE/SCHEDULED TRIBE MOTOR TRANSPORT CO-OPERATIVE SOCIETY LIMITED NO.R.740,OLARIKKARA,THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY GP SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).26830/2008 -------------------- Dated this the 13th day of October, 2008 JUDGMENT Petitioner is a Co-operative Society in which the Motor Transport Employees belonging to the Scheduled Caste/Scheduled Tribe are members. Petitioner-Society was operating a stage carriage on the route Mayannur-Kodungallur and the permit is valid upto 23.11.2010. But the vehicle met with an accident and therefore, was unworthy. In the circumstances, taking note of the fact that temporary permit was issued in the place of the petitioner’s service by a decision dated 5.1.2008, first respondent granted three months time to resume the service as per Ext.P3. Petitioner submits that even now the vehicle is not operating and it may be necessary to substitute the vehicle. Petitioner therefore, submitted an application for extension of time to resume service. Obviously, it is in the interest of the petitioner to resume service. The grievance of the petitioner is that the request is not being placed before the RTA by the Secretary. W.P.(C).26830/2008 2 2. Having heard learned Government Pleader also, writ petition is disposed of directing the second respondent to place the request if any, made by the petitioner for extension of time to resume his service, as already fixed under Ext.P3, before the first respondent and it is upto the first respondent to take a decision on the request. Decision shall be taken in this regard within a period of two months from the date of receipt of a copy of this judgment. It is made clear that the operation of service on the route caused by the vacancy brought about by the cessation of service of the petitioner shall, in the meanwhile, be effected only by temporary permits. V.GIRI, Judge mrcs