IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WA.No. 215 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.669/2010 Dated 08/01/2010 .................... APPELLANTS/PETITIONERS: ------------------------- 1. T.T.THOMAS, S/O. THOMAS, THAZHATHUTHODIYIL, VETTIKUZHA KAVALA, KATTAPPANA P.O., IDUKKI DISTRICT, PIN-685 508. 2. PHILIP VARGHESE, KOOVAKKATTIL, KARUKACHAL, KOTTAYAM DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS/RESPONDENTS: -------------------------- 1. THE CHAIRMAN (DISTRICT COLLECTOR), REGIONAL TRANSPORT AUTHORITY, IDUKKI, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI. 3. SABU THOMAS, PUTHANPURAYIL, KATTAPPANA, IDUKKI DISTRICT. 4. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. R1&R2 BY SR. G.P. SRI.BENJAMIN PAUL R4 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.215 of 2010 .................................................................... Dated this the 24th day of February, 2010. JUDGMENT Ramachandran Nair, J. Appellants are regular permit holders operating stage carriages in Idukki District. Appellants' case is that temporary permit is issued to third respondent frequently and on continuous basis with clash of timings with appellants affecting their operation. Even though prayer in the Writ Petition was only for a direction to convene the timing conference and against issue of temporary permit, the appellants have widened their argument in appeal before us stating that issue of temporary permit on a routine basis should be prohibited. Government Pleader appearing for the State and the Regional Transport Authority contended that temporary permits are issued only during festival season like Christmas, Sabarimala etc., to meet the extra traffic in the route. We do not find anything wrong in District Collector or the concerned authority issuing temporary permits during festival seasons to take care of the needs of the travelers because obviously during festival there W.A. 215/2010 2 will be an increase in the number of traveling public whose needs cannot be met by the regular operators. Further, if temporary permits are not issued, regular operators will take excess load which is dangerous to the life of the traveling public. We, therefore, uphold in principle, the authority of the District Collector or the R.T.O. to issue temporary permits under the Motor Vehicles Act. However, temporary permit cannot be issued on a regular basis or in other words, temporary permit cannot be extended without any justification for the same. What is to be inferred from a request for renewal of temporary permit is that there is need for more vehicles in the route than the vehicles operating with regular permit and in the event of such a need, it is for the R.T.A. to issue sufficient number of regular permits. In fact, in our view, unless the operation is viable, a temporary permit holder will not apply for renewal or extension of temporary permit. Therefore, any such request for renewal or extension of temporary permit is indication of requirement of the public for more vehicles in the route. Government Pleader has submitted that the R.T.A. has fixed a meeting on 5.3.2010 to consider the appellants' objections against issue of temporary permit. We record this submission and direct the Chairman of the R.T.A. to proceed with the meeting and decide the objections raised by the W.A. 215/2010 3 appellants against issue of temporary permit. It would be open to the R.T.A. to consider regular permit in the route, if there is a need. However, Standing Counsel for KSRTC submitted that KSRTC also has grievance against issue of temporary permit and even against issue of regular permit. We, therefore, dispose of the Writ Appeal by directing the R.T.A. to ascertain the total number of operators holding regular permit in the route and consider whether regular permit should be issued for more vehicles after taking into account the objection of the existing operators and that of KSRTC. However, we once again make it clear that temporary permits will be issued as and when required during festival seasons. Government Pleader will forward copy of this judgment to the District Collector. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms