IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 8055 of 2011(F) ------------------------- PETITIONER(S): --------------- 1. ANOOP.P.C, REVATHY BHAVAN, PARAKODE.P.O, ADOOR. 2. VENU K. NAIR, VAISHNAVAM, AICKADU, KODUMON.P.O, ADOOR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA - 689 645. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA - 689 645. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8055 of 2011 ----------------------------------------- Dated this the 15th March, 2011 JUDGMENT The first petitioner is a stage carriage operator who was operating a stage carriage on the route Adoor - Punalur on the strength of a regular permit that was valid till 15.8.2010. The second petitioner purchased the said vehicle together with the permit from the first petitioner. Thereupon, with a view to get the permit transferred to the name of the second petitioner, the petitioners jointly submitted Ext.P1 application dated 8.1.2010 to the Regional Transport Authority, Pathanamthitta. The Regional Transport Authority that met on 4.2.2010 considered the said application and passed Ext.P2 order directing the Secretary, Regional Transport Authority, Pathanamthitta to conduct a screening as required under rule 145(2) of the Kerala Motor Vehicles Rules and to submit a report in the next meeting of the Regional Transport Authority. The petitioners submit that till date the screening has not been conducted and the report submitted before the Regional Transort Authority. It is stated that as the W.P(C).No.8055 of 2011 -:2:- validity of the permit was to expire on 15.8.2010 the petitioners had submitted an application for renewal of the permit along with Ext.P2 application to condone the delay of 11 days in filing the application for renewal and Ext.P4 application for a temporary permit. The grievance voiced by the petitioners is that orders have not been passed on the application for transfer of the permit or on the application for renewal or on the application for temporary permit. In this writ petition the petitioners seek a direction to the first respondent to consider the said applications and pass orders thereon within a time limit to be fixed by this Court. 2. I heard Sri.P.Deepak, learned counsel appearing for the petitioners and Sri.Basant Balaji, learned Government Pleader appearing for the respondents. A reading of Ext.P2 order passed by the Regional Transport Authority, Pathanamthitta indicates that the petitioners had applied for transfer of the permit on 8.1.2010 and that the said application was adjourned with a direction to the Secretary, Regional Transport Authority, Pathanamthitta to conduct a screening in terms of rule 145 of the Kerala Motor Vehicles Rules and to submit a report in the next meeting of the W.P(C).No.8055 of 2011 -:3:- Regional Transport Authority. Rule 145(1) of the Kerala Motor Vehicles Rules stipulates that where the number of stage carriages is fixed under clause (a) of sub-section (3) of section 71 of the Act, in considering the application for stage carriage permits, the applicant shall first be screened and those who are found to be unsuitable on one or more of the grounds mentioned in the rule shall be disqualified, reason being given for the decision of the Transport Authority whenever an applicant is disqualified. One of the grounds mentioned in rule 145(1) is financial instability. Rule 145(2) states that for the purpose of enabling the Regional Transport Authority to screen the applicant, each applicant shall, along with his application, produce clearance certificates relating to payment of income-tax and motor vehicles tax including arrears of vehicle tax, if any, in respect of vehicles owned by or in the possession of the applicant. In my opinion rule 145 can have no application in the instant case. Rule 145 applies only in cases where the State Government has, pursuant to a direction issued by the Central Government, published a notification in the official gazette directing the State Transport Authority or the Regional Transport Authorities to limit the number of stage carriages W.P(C).No.8055 of 2011 -:4:- operating on city routes in towns with a population of not less than 5 lakhs. In the instant case the first petitioner is not operating a stage carriage service on a city route. He was operating the stage carriage on the route Adoor – Punalur, which is admittedly not a city route. Therefore, the direction in Ext.P2 cannot be sustained. It is evident from the materials on record that the stage carriage permit was issued to the first petitioner in the year 1990 and he was operating the stage carriage till 15.8.2010. In view of the stand taken by the Regional Transport Authority on the joint application submitted by the petitioners for transfer of the permit from the name of the first petitioner to the name of the second petitioner, they have been disabled from operating the stage carriage. In such circumstances as rule 145 of the Kerala Motor Vehicles Rules has no application to the instant case, I am of the opinion that the Regional Transport Authority, Pathanamthitta should pass expeditious orders on the joint application submitted by the petitioners for transfer of the permit and for renewal thereof. In view of the fact that the first petitioner was operating the stage carriage till 15.8.2010 on the strength of a regular permit that was granted in the year 1990, I am of the opinion that W.P(C).No.8055 of 2011 -:5:- the second respondent should issue a temporary permit of 20 days duration so as to enable the first petitioner to operate the stage carriage till such time as orders are passed on the application for transfer and renewal of the regular permit. I accordingly dispose of the writ petition with the following directions: (a) The first respondent shall take up Ext.P1 joint application submitted by the petitioners for transfer of the permit along with the application for renewal of the regular permit and the application to condone the delay in filing that application and pass orders thereon without insisting on compliance with rule 145 of the Kerala Motor Vehicles Rules expeditiously and in any event within two months from the date on which the petitioner produces a copy of this judgment. (b) Needless to say, the Regional Transport Authority shall, if any clarification is required from the petitioner, afford him an opportunity of being heard. (c) Until orders are passed as directed above, the second respondent shall issue temporary permits of 20 days duration to the first petitioner on the first petitioner submitting an appropriate application and paying the requisite fee. W.P(C).No.8055 of 2011 -:6:- (d) A temporary permit of 20 days duration shall be initially issued on Ext.P4 application expeditiously and in any event within one week from the date on which the petitioners produce a certified copy of this judgment before the respondents. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8055 of 2011 ---------------------------- JUDGMENT 15th March, 2011