IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 27723 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------- P.KUNHIMOHAMMED, S/O.RAYIMMU HAJI, AGED 48 YEARS, PENGAT HOUSE, P.O.OORAKAM, MELMURI, MALAPPURAM DISTRICT. BY ADVS.MR.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. BY GOVT. PLEADER MR.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27723/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 19.3.2009 SUBMITTED BY THE PETITIONER BEFORE THE RTA. P2:- COPY OF THE DECISION OF THE RTA DTD. 22.7.09. P3:- COPY OF THE MASS REPRESENTATION SUBMITTED BY THE RESIDENTS OF THIS REMOTE AREA. P4:- COPY OF THE NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DTD. 20.7.09. P5:- COPY OF THE REQUEST DTD. 14.8.09 BY THE MEMBER, WARD NO . II OF CHUNGATHARA GRAMA PANCHAYATH. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.27723 of 2009 ---------------------------------------- Dated 11th January, 2010 JUDGMENT The petitioner applied for a stage carriage permit to operate on the route Erumamunda – Kaippini Kadavu in respect of the stage carriage bus bearing registration No.KL 10L 8303. Along with the application he had not produced the original records relating to the said vehicle. The Regional Transport Authority, Malappuram considered the petitioner's application at its meeting held on 22.7.2009 and granted a regular permit to the petitioner's vehicle bearing registration No.KL 10L 8303 subject to settlement of timings. It is stated that thereafter, on 14.9.2009, within the time stipulated in Rule 159(2) of the Kerala Motor Vehicles Rules, 1989, the original of the registration certificate regarding the vehicle described in Ext.P2 order was produced before the Secretary, Regional Transport Authority, Malappuram. The petitioner states that as Ext.P2 was communicated only on 31.8.2009, production of the certificate of registration before the Secretary, Regional Transport Authority on 14.9.2009, is well within the statutory period of one month. The petitioner submits that though more than three months have passed after the original of the registration certificate was produced before the WP(C).No.27723/2009 2 Secretary, Regional Transport Authority, Malappuram, the stage carriage permit has not been issued in respect of the vehicle described in Ext.P2 order though the Regional Transport Authority has granted a regular permit for the said vehicle. In this writ petition, the petitioner seeks a direction to the Secretary, Regional Transport Authority, Malappuram to issue a regular permit pursuant to Ext.P2 grant. 2. Smt.N.Sudha Devi, the learned Senior Government Pleader appearing for the respondents submits on instructions that permits are issued in accordance with the priority which is determined with reference to the date on which the permit was granted by the Regional Transport Authority. She submits that the said arrangement has been implemented in view of the directions issued by this Court in a series of writ petitions and that priority has to be determined also with reference to the date of production of the original certificate in terms of Rule 159 of the Kerala Motor Vehicle Rules. She submits that the grant of permit to the petitioner was made only on 22.7.2009 and that the petitioner's turn has not arisen. She also submits that the timings proposed by the petitioner in Ext.P2 has not been settled. 3. The route Erumamunda – Kaippini Kadavu is in a remote area of Malappuram District. The application filed by the petitioner discloses that the route has a length of only 10 Kms. and WP(C).No.27723/2009 3 that for a distance of nearly 3 Kms., Kumamthode – Kaippini Kadavu, no other operator is presently operating a stage carriage bus. Therefore, if a permit is issued to the petitioner pursuant to Ext.P2 grant, it will be a blessing to the residents of the locality. I am therefore of the considered opinion that as the petitioner is introducing a stage carriage service in a remote area which is not presently serviced by any other operator, the respondent should expeditiously settle the timings with notice to the operators already operating on portions of the route and issue a regular permit to the petitioner pursuant to Ext.P2 grant. Necessary steps in that regard shall be taken and completed and permit issued expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the respondent. The writ petition is disposed of with the above directions. P.N.RAVINDRAN Judge TKS