IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18139 of 2010(N) ----------------------------------------- PETITIONER(S): ------------------------ SANADKUMAR, PAYYANATH HOUSE, KIZHAYUR, PATTAMBI, REPRESENTED BY POWER OF ATTORNEY HOLDER, JAYARAJ J., S/O. JAYABALAN, PANDAI HOUSE, KALLIPPADAM P.O., SHORNUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.18139 OF 2010 ............................................ DATED THIS THE 11TH DAY OF JUNE, 2010 JUDGMENT The petitioner was conducting services on the route Karekkad- Poilur-Shornur with Stage Carriage bearing registration No.KL-16A 3360. The petitioner's permit was valid till 21.5.2010. Though as per Rules, the petitioner ought to have submitted an application for the renewal of his permit 15 days before the expiry of the same, he did not do so. Therefore, he submitted an application for the renewal of his permit accompanied by a petition for condonation of delay in submitting the same. The petitioner has also submitted an application for the issue of a temporary permit under Section 87(1)(d) of the Act. He complains that no orders have been passed on his application for temporary permit, till date. 2. The learned Senior Government Pleader pointed out that since the application for renewal was not submitted by the petitioner within the prescribed time, it cannot be presumed that there is a valid application for renewal pending, though the application is supported by Wpc 18139/2010 2 a petition for condonation of delay. The petitioner meets the above contention by relying on the judgment of this court in WP(C)No.1016 of 2006, which has been produced as Ext.P6. In the said judgment, it has been held in similar circumstances that an application for renewal accompanied by a petition for condonation of delay is sufficient for the purpose of considering an application for the issue of a temporary permit under Section 87(1)(d) of the Motor Vehicles Act, 1988. In view of the above decision of this court, the application for temporary permit submitted by the petitioner can be directed to be considered. 3. In the above circumstances, this writ petition is disposed of directing the respondent to consider the application for temporary permit submitted by the petitioner, evidenced herein by Ext.P4, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk Wpc 18139/2010 3