IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 10186 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ MUHAMMED SADHIQUE, KARUVELIL HOUSE, MUTHOOR, THIRUVALLA. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANMTHITTA. 2. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.10186 of 2010 ------------------------------------------- Dated this the 6th day of April, 2010 JUDGMENT The petitioner who is a stage carriage operator has approached this Court challenging the denial of a temporary permit to him. The order of the authority has been confirmed by the State Transport Appellate Authority ('STAT' for short) in Ext.P3 judgment. According to the petitioner, by Ext.P2 his application for temporary permit has been rejected relying on the circular issued by the State Transport Authority (STA) to the effect that a temporary permit for more than 5 days should not be issued. It is contended that the said circular has been set aside by this Court and is no longer in force. In view of the above, the judgment of the STAT confirming the rejection of his application is also submitted to be unsustainable. 2. The learned Senior Government Pleader on the other hand submits that the petitioner is free to submit a fresh application for the issue of a temporary permit under wpc No.10186/2010 2 Section 87(1)(c) of the Motor Vehicles Act, 1988. If such an application is submitted, the same would be considered and disposed of in accordance with law. The counsel for the petitioner submits that the petitioner is ready to submit a fresh application. 3. In the above circumstances, this Writ Petition is disposed of directing the petitioner to submit a fresh application for the issue of a temporary permit under Section 87(1)(c) of the Motor Vehicles Act, 1988. If such an application is submitted, the same shall be considered and appropriate orders shall be passed thereon by the first respondent in accordance with law, untrammeled by the observations in Exts.P2 and P3, expeditiously. K.SURENDRA MOHAN, JUDGE css/