IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24580 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ T.S. ANILKUMAR, THEKKUMTHALA HOUSE,MANAPILLY, AYYAMPILLY, ERNAKULAM. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY, ERNAKULAM.PIN-682 030 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM.PIN-682 030 R1 & R2 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24580/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE ORDER OF RTA, ERNAKULAM DATED 26/3/2010. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 29/6/2011 IN WPC NO.17191 OF 2011. EXT.P3 TRUE COPY OF THE INTERIM ORDER DATED 1/8/2011 IN WPC 20909/2011. EXT.P4 TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 12/8/2011. EXT.P5 TRUE COPY OF THE REPORT OF MVI, ERNAKULAM DATED 26/8/2011. EXT.P6 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 3/09/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 24580 of 2011 ------------------------------- Dated this the 22nd day of September, 2011 J U D G M E N T The petitioner applied for grant of a regular stage carriage permit to operate a stage carriage on the route Mala-North Parur- Cheranelloor. The Regional Transport Authority, Ernakulam that met on 26.3.2010 resolved to grant the permit subject to settlement of timings. When the time schedule was not settled and permit issued for a long period, the petitioner filed W.P.(C) No.17191 of 2011 in this Court. By Ext.P2 judgment delivered on 29.6.2011, this Court directed the Secretary, Regional Transport Authority, Ernakulam to settle the timings and to issue the permit in implementation of Ext.P1 proceedings expeditiously and in any event within one month from the date of production of a copy of that judgment. 2. The petitioner had after Ext.P1 proceedings was issued produced the current records of the stage carriage bearing registration No.KL-7/AX 3128 and a timing conference was also scheduled, but not held. It was taking note of these facts that this Court in Ext.P2 judgment directed the permit to be issued within the time limit stipulated therein. In the meanwhile, the Secretary of the Kerala State Road Transport Employees Association, an association of W.P.(C) No.24580 of 2011 2 employees of the Kerala State Road Transport Corporation, filed W.P. (C) No.20909 of 2011 in this Court contending that a portion of the route falls under a notified scheme and therefore, the grant is liable to be revoked. The said writ petition was admitted and Ext.P3 interim order was passed staying further proceedings for issue of the permit. The petitioner thereafter submitted Ext.P4 application dated 12.8.2011 for the grant of a fresh permit to operate a stage carriage on the route Mala-North Parur-Cheranelloor avoiding the objectionable portion of the route which was the subject matter of the earlier grant in his favour. Along with that application, he has filed Ext.P6 application for a temporary permit. This writ petition is filed seeking a direction to the Regional Transport Authority, Ernakulam to consider Ext.P4 application and to take an appropriate decision thereon within a time limit to be fixed by this Court. 3. I heard Sri.P.Deepak, learned counsel appearing for the petitioner, Sri.I.Dinesh Menon, learned counsel appearing for the petitioner in W.P.(C) No.20909 of 2011 and Sri.G.Gopakumar, learned Government Pleader appearing for the respondents. The only objection put forward by the petitioner in W.P.(C) No.20909 of 2011 is regarding the grant of a permit to operate a stage carriage on an objectionable sector of the route. The petitioner in W.P.(C) No.20909 W.P.(C) No.24580 of 2011 3 of 2011 cannot object to the grant of a permit to operate a stage carriage on a route which is not notified. Such being the situation, as the need is borne out by the earlier grant in favour of the petitioner, I am of the opinion that the respondent should consider Ext.P4 and take appropriate decision thereon expeditiously and until such time, the second respondent should issue temporary permits of 20 days duration as and when applied for by the petitioner. I accordingly dispose of the writ petition with the following directions:- 1) The first respondent shall consider Ext.P4 application submitted by the petitioner for the grant of a fresh regular stage carriage permit to operate a stage carriage on the route Mala-North Parur- Cheranelloor expeditiously and in any event within four months from the date of production of a copy of this judgment. 2) Until such time, the second respondent shall issue a temporary permits of 20 days duration as and when applied for by the petitioner having regard to the fact that on the very same route but through a different line of travel, the petitioner was W.P.(C) No.24580 of 2011 4 found eligible for a grant of a regular stage carriage permit. 3) Needless to say, the grant of a regular stage carriage permit pursuant to Ext.P4 application will not prejudice the right of the petitioner herein, if he succeeds in W.P.(C) No.20909 of 2011, to have the permit issued pursuant to the grant evidenced by Ext.P1. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.24580 of 2011 JUDGMENT Dated:- 22nd September, 2011 --------------------------------------