IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 37141 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------ SMT.A.N.VASANTHY, W/O.K.V.SATHYAN, KARIYEZHATH HOUSE, PERINJANAM WEST, THRISSUR. BY ADV.MR.I.DINESH MENON RESPONDENT(S): ---------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. 2. THE JOINT REGIONAL TRANSPORT OFFICER, KODUNGALLUR. R1 & R2 BY SR. GOVERNMENT PLEADER MR. K.S. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37141/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN MVAA.NO.745/2008 DTD. 26/03/2008. P2: COPY OF THE PROCEEDINGS DTD. 7/08/2009. P3: COPY OF THE REQUEST DTD. 14/09/2009. P4: COPY OF THE PROCEEDINGS DTD. 10/11/2009. P5: COPY OF THE POSTAL ENDORSEMENT. P6: COPY OF THE SALE AGREEMENT DTD. 11/12/2009. P7: COPY OF THE RELEVANT PAGE OF THE RC BOOK OF KL-6/B 3265. P8: COPY OF THE ENDORSEMENT IN THE RC BOOK OF KL-6/B 3265. P9: COPY OF THE REQUEST DTD. 17/12/2009. P10: COPY OF THE CIRCULAR DTD. 23/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 37141 of 2009 - K ---------------------------------------- Dated 18th January, 2010 Judgment The petitioner applied for the grant of a regular permit to operate a stage carriage bus on the route Guruvayur- Kodungallur. The Regional Transport Authority, Thrissur that met on 7.8.2009 decided to grant a regular permit to the petitioner. She was directed to produce the current records of the vehicle within 30 days of the receipt of the said order. The petitioner thereafter applied for extension of time to produce the current records of the vehicle. By Ext.P4 order passed on 10.11.2009, the Regional Transport Authority, Thrissur granted the petitioner four months' time from 24.8.2009, the date on which Ext.P2 order was communicated to the petitioner for production of the current records of the vehicle. In other words, by Ext.P4, the Regional Transport Authority, Thrissur granted to the petitioner the maximum time permissible under rule 159 (2) of the Kerala Motor Vehicle Rules. This writ petition is filed contending that as the Regional Transport W.P.(C) No.37141/2009 2 Officer, Kodungallur has not handed over the certificate of registration of the vehicle bearing registration No.KL/6B-3265 to the petitioner, she is not in a position to submit the records before the Regional Transport Authority, Thrissur. The petitioner has in this writ petition prayed for a direction to the Secretary, Regional Transport Authority, Thrissur to depute a person at the petitioner's expense to take the records relating to the aforesaid vehicle to the office of the Joint Regional Transport Officer, Kodungallur for the purpose of getting the transfer in her favour endorsed and to resubmit it before the Secretary, Regional Transport Authority, Thrissur for the purpose of the grant of the regular permit. She also seeks a direction to the Secretary, Regional Transport Authority, Thrissur to settle the timings and to issue the permit within a time limit to be fixed by this Court. 2. When the writ petition came up for hearing today, Sri.I.Dinesh Menon, the learned counsel appearing for the respondent submitted that the current records relating to the W.P.(C) No.37141/2009 3 vehicle bearing registration No.KL/6B-3265 have been produced before the Secretary, Regional Transport Authority, Thrissur before 24.12.2009 and that in such circumstances, the Secretary, Regional Transport Authority, Thrissur may be directed to issue a permit to the petitioner after settlement of timings. Sri.K.C.Santosh Kumar, the learned Senior Government Pleader submitted that if before 24.12.2009 the petitioner has produced the current records of the vehicle bearing registration No.KL/6B-3265 before the Secretary, Regional Transport Authority, Thrissur, the said officer will consider the petitioner's request and issue a permit pursuant to Ext.P2 order as modified by Ext.P4. In the light of the said submission, I dispose of the writ petition with a direction to the Secretary, Regional Transport Authority, Thrissur to issue a regular permit to the petitioner to operate on the route Guruvayur-Kodungallur after settlement of timings, if the current records of the vehicle bearing registration No.KL/6B-3265 have been produced before him on or before 24.12.2009 as claimed by the petitioner. The W.P.(C) No.37141/2009 4 timings shall be settled and the permit issued within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary, Regional Transport Authority, Thrissur. P.N.RAVINDRAN Judge vaa