IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 7396 of 2010(Y) -------------------------------------- PETITIONER(S): ------------------------- ASWATHY KUMAR, KAMALALAYAM, CHATHANPARA, THOTTAKKADU P.O., THIRUVANANTHAPURAM. BY ADV.MR.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ATTINGAL, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ATTINGAL. BY GOVT. PLEADER MR.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 7396 OF 2010 ----------------------------------------------------------- Dated this the 12th March, 2010. JUDGMENT The petitioner is the registered owner of stage carriage bearing registration No: KL16/E 3949 operating on the route Korani-Palode on the basis of a temporary permit on 10.9.2008. The second respondent had issued the temporary permit continuously to the petitioner in the vacancy of stage carriage No: KL 16/C 5923 which has been granted a regular permit valid till 22.1.2012. According to the petitioner, the financier seized the vehicle and later the same was auctioned to another person. The petitioner's contention is that since the permit holder had lost possession of his vehicle, his permit was liable to be cancelled under Section 86 of the Motor Vehicles Act, 1988 (the 'Act' for short). However, his permit has not been cancelled. Since the petitioner's permit was valid only till 6.3.2010 he has submitted an application for the re-issue of his temorary permit, which is Ext.P4. The petitioner complains that no orders have been passed on Ext.P4 till date. 2. The learned Senior Govt. Pleader Shri. K. C. Santhosh Kumar on instructions submits that the financier of the vehicle has WPC 7396/2010 2 submitted an application for the issue of a duplicate registration certificate of the vehicle to him. The permit holder has submitted a joint application for transfer of the vehicle to his name. According to the Govt. Pleader the permit holder has also submitted an application for the issue of a temporary permit in his name. All the applications mentioned above are placed before the RTA for orders. Therefore, it is contended that no orders could be passed on Ext.P4 without passing orders on the other pending applications. 3. It cannot be disputed that a valid regular permit has been granted in respect of stage carriage vehicle bearing registration No: KL 16/C 5923, till 22.1.2012. It also cannot be disputed that the said vehicle is not conducting services now. Ext.P3 series shows that the petitioner has been conducting services in the vacancy of the said vehicle till 6.3.2010. The petitioner has moved Ext.P4 for the re-issue of a temporary permit in the said vacancy, under Section 87(1)(c) of the Act. It is submitted that the next meeting of the RTA is only in April. In the above circumstances a consideration of the application for the re-issue of the temporary permit submitted by the petitioner need not wait the decision of the RTA. It is incumbent upon the second respondent to consider the WPC 7396/2010 3 application of the petitioner in accordance with law and to pass orders thereon without further delay. 4. In the above circumstances, this writ petition is disposed of directing the second respondent to consider Ext.P4 application of the petitioner in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of ten days. It is needless to mention that the permit shall be granted if there is a temporary need as stipulated by Section 87 (1)(c) in existence. K. SURENDRA MOHAN Judge jj WPC 7396/2010 4 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: