IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 18808 of 2008(L) -------------------------------------- PETITIONER: ------------------- RENJITH REMANAN, AYILIYAM HOUSE, ARTHUNKAL, CHERTHALA. BY ADV. SRI.G.PRABHAKARAN. RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA. 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18808/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS DTD. 20/09/2007. EXT.P.2: COPY OF THE APPEAL MEMORANDUM NO. 895/2007 DTD. 16/10/2007. EXT.P.3: COPY OF THE ORDER DTD. 03/11/2007 IN M.P. NO. 2674/2007 IN M.V.A.A. NO. 695/2007. EXT.P.4: COPY OF THE JUDGMENT DTD. 11/02/2008 IN M.V.A.A. NO. 695/2007. EXT.P.5: COPY OF THE PERMIT ALLOWING REPLACEMENT WHERE THE RENEWAL DATE IS SHOWN AS 12/03/2008 DTD. 05/10/01. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 18808 of 2008 -------------------------------------------------------- Dated: AUGUST 29, 2008 JUDGMENT Renewal of permit sought for by the petitioner was rejected by Ext.P1 proceedings of the RTA on the ground of delay. Against that order, petitioner filed Ext.P2 appeal producing a medical certificate which certified that he was laid up during the period in question. That appeal was considered and was rejected by Ext.P4. According to the petitioner, though he had filed an application for condonation of delay before the RTA, the reason stated by him was not considered while Ext.P1 order was passed. It is also contended that though the medical certificate produced has been referred to in Ext.P4, the acceptability or otherwise of that has not been dealt with in Ext.P4 judgment. 2. I am inclined to agree with the learned counsel in the submissions made by him and, in my view, the matter WP(C) 18808/08 2 needs to be reconsidered by the primary authority. In order to do so, I quash Exts.P1 and P4 and direct that the primary authority shall reconsider the matter. 3. Petitioner shall produce a copy of the medical certificate before the RTA and thereupon the matter will be reconsidered. This shall be done as expeditiously as possible on the production of a copy of this judgment. ANTONY DOMINIC, JUDGE mt/-