IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 22470 of 2010(G) ----------------------------------------- PETITIONER(S): ----------------------- J.MANI, PATTARAZHIKAM, VADAKKETHARA, KANNIMELCHERRY, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------------------- THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, KOLLAM. BY GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.22470 OF 2010 ............................................ DATED THIS THE 19TH DAY OF JULY, 2010 JUDGMENT The petitioner is a Stage Carriage operator and the registered owner of Stage Carriage bearing registration No.KL-2/Y 7979. He has submitted an application for the issue of a temporary permit for conducting services on the route Elampalloor - Chavara. He had been conducting services on the route on the strength of a regular permit up to 3.10.2005. He has submitted an application for the renewal of his regular permit, which application was rejected by the respondent. On appeal to the State Transport Appellate Tribunal (STAT), the same has been directed to be issued. In the meantime, the petitioner has moved an application for the replacement of his original vehicle with his new vehicle bearing registration No.KL-2/Y 7979 which application is also pending. It is in the above circumstances, that the petitioner has submitted an application for the issue of a temporary permit with respect to his new vehicle. The petitioner complains that no orders have been passed thereon, till date. Wpc 22470/2010 2 2. In view of the fact that the regular permit in respect of the petitioner's vehicle has not yet been issued, the petitioner is entitled to seek issue of a temporary permit under Section 87(1)(d) of the Motor Vehicles Act, 1988. Therefore, there is no justification for the action of the authority in not considering the application submitted by the petitioner which is evidenced herein by Ext.P4. In view of the above, the respondent can be directed to consider Ext.P4 and to pass appropriate orders thereon expeditiously. The learned Government Pleader has no objection to such a direction being issued. 3. In the above circumstances, this writ petition is disposed of directing the respondent to consider the application for temporary permit submitted by the petitioner, evidenced herein by Ext.P4, as expeditiously as possible and to pass appropriate orders thereon in accordance with law, within a period of ten days from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk