IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 19927 of 2010(M) --------------------------------------- PETITIONER: ------------------- BENNY C.JOHN,CHAKKALAMOOLAYIL HOUSE, KURUMAGIRI PO,KAKKANAD, KOCHI-30, ERNAKULAM DISTRICT. BY ADV. SRI.G.PRABHAKARAN. RESPONDENT: ---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,ERNAKULAM. BY SR. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19927/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 04/06/2010. EXT.P.2: COPY OF THE CHALLAN DTD. 04/06/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 19927 OF 2010 ............................................ DATED THIS THE 22nd DAY OF JULY, 2010 JUDGMENT The petitioner is a regular Stage Carriage operator conducting services on the route Ponekkara - Edakochi with stage carriage bearing registration No.KL-7/BE 3245. On 6.5.2010, the petitioner has applied for the renewal of his permit, which is within time. The same is pending consideration of the authorities. However, during the pendency of his application, his regular permit got expired. Therefore, the petitioner submitted an application for the issue of a temporary permit under Section 87(1)(d) of Motor Vehicles Act, 1988(`the Act' for short). The petitioner complains that no orders have been passed thereon, till date. 2. Since the petitioner's application for the renewal of his regular permit is pending, it cannot be disputed that the petitioner is entitled to be considered for the issue of a temporary permit under Section 87(1) (d) of the Act. 3. In the above circumstances, this writ petition can be disposed Wpc 19927/2010 2 of directing a consideration of Ext.P1. The learned Senior Government Pleader has no objection to such a direction being issued. 4. In view of the above, this writ petition is disposed of directing the respondent to consider the application of the petitioner for the issue of a temporary permit evidenced herein by Ext.P1 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate, within a period of ten days from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk