IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 21091 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------- BALAMOHANA BABU, RATHIN NIVAS, P.O.PALAYAD, THALASSERY. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR. BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 21091 OF 2010 J ----------------------------------------------------------- Dated this the 7th July, 2010. JUDGMENT The petitioner is a stage carriage operator who was conducting services on the route Vanchiyam-Kayamkulam on the strength of a regular permit. He had submitted an application for the renewal of his permit for the period from 26/8/2003 to 25/8/2013. However, the said application was rejected on the ground that there was violation of the scheme. Subsequently, the said rejection was affirmed by the State Transport Appellate Tribunal also. Thereafter, as per judgment of this Court in W.P(C) 37238/2004, the petitioner continued the service on the strength of successive temporary permits. While so, the Government issued a notification saving the existing permits from cancellation. As per the said notification, the petitioner contends that he is entitled to renewal of his permit. Therefore, the petitioner has submitted an application for the renewal of his permit for the period up to 25/8/2013. A fresh application was necessitated for the reason that though as per Ext.P2 judgment the petitioner and similar others were directed to approach the Regional Transport Authority for the renewal of their permits, no action was taken in view of the WPC 21091/2010 2 confusion that was said to be prevailing regarding the power of the authority to issue the renewal. The present application submitted by the petitioner is Ext.P3, which is still pending. 2. Since the application for renewal of his regular permit is pending, the petitioner has submitted Ext.P4 application under Section 87(1)(d) of the Motor Vehicles Act, 1988 (the 'Act' for short) for the issue of a temporary permit. He complains that no action has been taken on Ext.P4. The petitioner also complains that Ext.P3 application is kept pending without completing the formalities of obtaining concurrences from the sister authorities for the renewal. The counsel for the petitioner also relies on Ext.P5 judgment of this Court and prays for the issue of a similar direction to pass final orders on Exts.P3 and P4. 3. I notice that the petitioner has been pursuing his applications for renewal of the regular permit from the year 2003 onwards. For various reasons, he has not been granted renewal of his regular permit till date. It is no doubt true that for granting the renewal that has been sought for in Ext.P3, the concurrence of the sister authorities would have to be obtained. However, the said formalities would have to be completed within a reasonable time. WPC 21091/2010 3 4. In the above circumstances this writ petition is disposed of directing the respondents to complete all formalities for obtaining concurrences from the sister authorities and to pass final orders on Ext.P3 application for renewal of permit submitted by the petitioner in accordance with law, as expeditiously as possible and at any rate within a period of six months from the date of receipt of a copy of this judgment. Ext.P4 application which is submitted by the petitioner under Section 87(1)(d) of the Act shall also be considered and appropriate orders shall be passed thereon in accordance with law, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 21091/2010 4