IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 28424 of 2011(C) -------------------------- PETITIONER(S): --------------- B.MOHANDAS,DAS NIVAS,ADICHANALLOOR, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY,KOLLAM REPRESENTED BY ITS SECRETARY - 691001 2. THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,KOLLAM – 691001 BY GOVT. PLEADER SRI G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28424 of 2011(C) APPENDIX: PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF PERMIT WITH CHELAN. EXT.P2: TRUE COPY OF THE REQUEST SUBMITTED TO CONDONE THE DELAY DATED 11.10.2011. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A. TO JUDGE. P.N.RAVINDRAN, J. ------------------------------------------ WP (C) No.28424 of 2011 ------------------------------------------ Dated this the 8th day of November, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Thirumukku - Puthur. The validity of the permit expired on 5.10.2010. The petitioner did not apply for renewal in time. He filed an application for renewal of the permit on 15.10.2011 along with Ext. P2 application to condone the delay in filing the application for renewal. He also applied for a temporary permit under section 87 (1)(d) of the Motor Vehicles Act. On the ground that the application for renewal was not filed in time, the application for temporary permit was rejected. He carried the matter in appeal before the State Transport Appellate Tribunal. Pursuant to the order passed in the said appeal, a temporary permit of 20 days duration was issued which according to the petitioner will cease to be valid shortly. This writ petition is filed mainly seeking a direction to the second respondent to place the original of the application for renewal of the stage carriage permit along with Ext.P2 application to condone the delay in filing it before the Regional WP (C) No.28424 of 2011 -2- Transport Authority for consideration at its next meeting. 2. When the writ petition came up for hearing today, the learned Government Pleader appearing for the respondents submitted on instructions that the petitioner's application for renewal of the stage carriage permit along with Ext.P2 application to condone the delay in filing that application will be placed in the next meeting of the Regional Transport Authority, Kollam and till such time as orders are passed on it, temporary permits will be issued as directed by the State Transport Appellate Tribunal. 3. In the light of the said submissions I dispose of the writ petition with a direction to the Secretary, Regional Transport Authority, Kollam to place the application submitted by the petitioner for renewal of the regular stage carriage permit along with Ext.P2 application to condone the delay in filing that application, for consideration of the Regional Transport Authority at its next meeting. The Regional Transport Authority shall thereupon consider the said applications and take an appropriate decision thereon in accordance with law. Till such time as a decision is taken on the application for renewal of the WP (C) No.28424 of 2011 -3- regular permit, temporary permits shall be issued, if, as claimed by the petitioner, the State Transport Appellate Tribunal has issued a direction in that regard, on the petitioner applying for the same. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.