IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33136 of 2008(T) -------------------------- PETITIONER(S): ------------------------- K.MOHAMMED ALI, KARUVANKUNNAM HOUSE, KANNAKKAVU, PERINTHALMANNA, MALAPPURAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.33136 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT When an application for re-issue of a temporary permit was not granted, the petitioner approached this court with W.P.(C)No.17218/08. The same was disposed of under Ext.P3 judgment. It reads as follows: “Delay in considering Ext.P5 is what is complained of in this writ petition. Learned Govt. Pleader, on instruction, submits that Ext.P5 will be considered in the next meeting of the 1st respondent. In view of this, recording the aforesaid submission of the learned Govt. Pleader the writ petition is disposed of. It is directed that if the Regional Transport Authority meeting is not held within two weeks of production of a copy of this judgment, on the expiry of the said period, the petitioner will be permitted to operate the vehicle until the meeting is scheduled and held. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance.” 2. In view of Ext.P3 judgment, the petitioner should be permitted to operate, at least, till a decision is taken on his application for temporary permit. The petitioner submits that all that is required is an W.P.(C).NO.33136/08 :: 2 :: authorisation by the Secretary, Regional Transport Authority in respect of Ext.P4 request. 3. Having heard learned Government Pleader also and taking into account the directions given in Ext.P3 judgment, I am of the view that the respondent should take action without further delay. 4. In the result, the writ petition is disposed of directing the respondent to issue the petitioner, an authorisation in terms of Ext.P3 judgment, to operate the stage carriage bearing registration No.KL-10 3425 on the route Ambalapara-Valambur, on a temporary basis, for such period as is deemed appropriate by the respondent. 5. This shall be done either by passing orders on the application for temporary permit or by issuing an authorisation, till the application is considered in the Regional Transport Authority meeting. Needful shall be done in this regard by the respondent without further delay, at any rate, within a period of one week from the date of receipt of a copy of this judgment. It is made clear that any such authorisation given by the W.P.(C).NO.33136/08 :: 3 :: respondent, pursuant to this direction, shall survive only till a decision is taken by the Regional Transport Authority on the application for temporary permit. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge