IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 WP(C).No. 37627 of 2010(C) --------------------------------------- PETITIONER(S): ----------------------- T.K.RAJENDRAN, RAJESH TRANSPORT, THALASSERY ROAD,KANNUR. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR REPRESENTED BY ITS SECRETARY PIN 670 002. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR REPRESENTED BY ITS SECRETARY PIN 670 002. R1 & R2 BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 37627 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2010 J U D G M E N T The grievance of the petitioner is with respect to the non-consideration of Ext.P2 application for renewal of Ext.P1 permit. Its validity expired on 5.7.2010. Prior to its expiry the petitioner has submitted Ext.P2 application for renewal. So far, the respondents did not not take any action to consider the request of the petitioner for renewal. It is in the said circumstances that this writ petition has been filed. Evidently, Ext.P2 is an application submitted in terms of section 81 of the Motor Vehicles Act for renewal. When such an application is received it is the bounden duty of the competent authority under the provisions of the Motor Vehicles Act, to consider the same and pass orders thereon in accordance with law and therefore, there is no reason for not passing an order on Ext.P2 application. The learned Government Pleader submitted that the route length based on Ext.P1 permit is more than 150 kms, in fact, it is 169 kms and, therefore, in the light of Rule 2(uc), the petitioner is bound to WPC.37627/2010 : 2 : make an application for conversion of the service as a Super Fast Service in case of any desire to continue to conduct the stage carriage service. In case, the petitioner has not so far filed such an application for conversion, it will be open to the petitioner to submit such an application for conversion of the service as a Super Fast Service in terms of Rule 2(uc) of the Kerala Motor Vehicles Rules. In the said circumstances, this writ petition is disposed of with a direction to the respondents to consider Ext.P2 application in accordance with law and pass orders thereon expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In case, the petitioner submits such an application for conversion as Super Fast Service the same shall also be considered within the aforesaid time limit. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge