IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 30513 of 2010(L) ------------------------------------ PETITIONER(S): -------------------- K.K.HYDERALI, KANDAMKULANGARA HOUSE KAPPUR PO, PATTAMBI, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD PIN 678 001 BY GOVT. PLEADER SRI.RANI DIOTHIMA P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 30513/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. P2:- COPY OF THE RENEWAL APPLICATION WITH CHELAN LETTER DTD. 30.9.2010. P3:- COPY OF THE DELAY PETITION ALONG WITH THE RENEWAL APPLICATION DTD. 30.9.2010. P4:- COPY OF THE MEDICAL CERTIFICATE. P5:- COPY OF THE APPLICATION FOR TEMPORARY PERMIT UNDER SECTION 87 (1) (d) DTD. 30.9.2010. P6:- COPY OF THE JUDGMENT IN WPC. 1016/2006 DTD. 19.1.2006. P7:- COPY OF THE JUDGMENT IN WPC. 18139/2010 DTD. 11.6.2010. TRUE COPY P.S. TO JUDGE tss P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 30513 OF 2010 ......................................................................... Dated this the 1st December , 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “i. Issue a writ of mandamus or such other writs, order or direction, directing the Secretary, RTA, Palakkad to entertain the application for temporary permit under Section 87(1) (d) of the Act on the route Chalissery- Edappal in respect of stage carriage KL-9 N 1800, notwithstanding the fact that the application for renewal was submitted belatedly and the application for condonation of delay is pending, by taking note of the judgment in W.P.(C) No. 1016/2006 , within a time frame as this Hon' Court may deem fit and proper. ii. Issue a writ of mandamus or such other writs, order or direction, commanding the Secretary, RTA, Palakkad to place the application for renewal and petition for W.P.(C) No. 30513 OF 2010 2 condonation of delay in respect of the permit on the route Chalissery-Edappal before the RTA, Palakkad so as to get a disposal on the same within a period of two weeks; iii. to grant such other reliefs as this Hon'Court may deem fit and proper. 2. When the matter came up for admission before this court on 05.10.2010, it was admitted and the following interim order was passed: “Admit. Learned Government Pleader takes notice on behalf of the respondent. There will be an interim direction to the respondent to consider Ext. P5 application for temporary permit submitted by the petitioner under Section 87(1)(d) of the Motor Vehicles Act, 1988, in accordance with law within a period of seven days. The contention of the petitioner is that Exts. P6 and P7 judgments are relevant in the context of the claim and contentions. The respondent shall look into the said documents as well while passing orders on Ext. P5. Post after 10 days.” 3. The learned Government Pleader appearing for the W.P.(C) No. 30513 OF 2010 3 respondent, on instruction, submits that pursuant to the interim order, the matter was considered by the competent authority and temporary permit has already been granted and nothing further survives in this Writ Petition to be adjudicated. 4. There is no representation for the petitioner as well. The Writ Petition is closed in the said circumstance. P.R. RAMACHANDRA MENON, JUDGE. lk