IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 30353 of 2010(T) ---------------------------------------- PETITIONER(S): ------------------------ P.K.MOOSA, S/O.KOMU HAJI, P.K.BROTHERS, EDARIKKODE, MALAPPURAM. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505. BY GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.30353 OF 2010 -------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT The petitioner is the regular permit holder on the route Iringallur- Kuttippuram. He is operating on the said route with the stage carriage bearing registration No.KL-10/A 205, which is a 1991 model vehicle with 48 seats. The regular permit in respect of the said vehicle is valid up to 7.8.2015. For the purpose of replacing the said vehicle with a later model vehicle having seating capacity of 28 persons, the petitioner has submitted Ext.P3 application. It is aggrieved by the delay in the matter of consideration of the said application that this Writ Petition has been filed. 2. The learned Government Pleader, upon instructions, submitted that the respondent after considering the request of the petitioner made as per Ext.P3 and arriving at the conclusion that it would violate the provisions under Rule 174 of the Kerala Motor Vehicles Act, has placed the matter before the RTA, Malappuram for consideration. It is further submitted that Ext.P3 application thus placed by the respondent before the R.T.A Malappuram, would be considered in the next R.T.A meeting. This is recorded. Accordingly, this Writ Petition W.P.(C) NO.30353/2010 2 is disposed of with a direction to the R.T.A, Malappuram to consider Ext.P3 application and pass orders thereon in the next RTA meeting. In case of delay in the matter of such consideration, it will be open to the respondents to resort to the course of action as contemplated under 133(1) (i) of the Kerala Motor Vehicles Rules. To enable the RTA, Malappuram to comply with the directions in this judgment, the petitioner shall furnish a copy of the judgment before the said authority. (C.T. RAVIKUMAR, JUDGE) spc /true copy/ P.A. to Judge. W.P.(C) NO.30353/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.30353/2010 4