IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 9922 of 2011(M) ------------------------- PETITIONER(S): --------------- ANOOP CHANDRAN, CHANDRA VILASOM, KUDAVANADU, PANGODE P.O. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ATTINGAL, (THIRUVANANTHAPURAM RURAL), PIN-695 101. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.9922 of 2011 ------------------------------- Dated this the 29th day of March, 2011 J U D G M E N T The petitioner applied for the fresh grant of a stage carriage permit on the route Kallara – Bankmukku. Initially the said application was rejected by the Regional Transport Authority, Thiruvananthapuram. On appeal filed by the petitioner, the State Transport Appellate Tribunal set aside that order and directed reconsideration of the application. Consequent thereon, the Regional Transport Authority, Thiruvananthapuram that met on 24.6.2010 resolved to grant the permit subject to settlement of timings. The grievance voiced by the petitioner is that though thereafter the current records of the vehicle bearing registration No.KL-21/B 1414 were produced along with Ext.P2 letter dated 14.2.2011, within the period of 30 days from the date of communication on 14.2.2011, till date, the permit has not been issued. In this writ petition, the petitioner seeks a direction to the respondent to settle the timings and issue the permit in implementation of Ext.P1 proceedings within a time limit to be fixed by this Court. 2. It is evident from Ext.P1 and the averments in the writ petition that a copy of Ext.P1 was served on the petitioner on 25.11.2010. By Ext.P1 the petitioner was directed to produce the W.P.(C) No.9922 of 2011 2 current records of the vehicle offered by him within 30 days from that date. The petitioner did not admittedly produce the current records of another vehicle within one month. Though later, the current records of the vehicle were produced along with Ext.P2 petition, the petitioner has not in that application requested the respondent to condone the delay in producing the current records. However, the fact remains that the petitioner has produced the current records of a vehicle within the outer limit of 4 months prescribed in rule 159(2) of the Kerala Motor Vehicles Rules. In such circumstances, I am of the opinion that in the event of the petitioner filing an application explaining the delay that has occurred in producing the current records of the vehicle bearing registration No.KL-21/B 1414 and requesting the respondent to condone the delay, the Regional Transport Authority shall consider the said application and take an appropriate decision thereon. I accordingly dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate application before the Regional Transport Authority explaining the reason for not producing the current records relating to the stage carriage bearing registration No. KL-21/B 1414 till 14.2.2011 and W.P.(C) No.9922 of 2011 3 requesting that authority to extend the time for production of the current records till 14.2.2011, the said authority shall pass appropriate orders thereon, having due regard to the fact that the petitioner has produced the current records within the outer limit of 4 months stipulated in rule 159(2) of the Kerala Motor Vehicles Rules and also the fact that the vehicle offered is a new vehicle. Necessary orders on the application seeking enlargement of time to produce the current records of the aforesaid vehicle till 14.2.2011 shall be passed within one month from the date of filing of the application, if necessary, by circulation. Depending upon the out come of the said application, the Secretary, Regional Transport Authority shall settle the timings and issue the permit within another month thereafter. P.N. RAVINDRAN, JUDGE. nj.