IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 4945 of 2011(P) ------------------------- PETITIONER(S): --------------- SHIBU V.V., VANAKUDIYIL HOUSE, KEERITHODE, PUNNAYAR, IDUKKI DISTRICT. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, IDUKKI - 685 603. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI - 685 603. BY GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.4945/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RC BOOK OF KL-17 C 7139 EXT.P2. TRUE COPY OF THE PERMIT OF KL 17 C 7139 EXT.P3. TRUE COPY OF THE RC BOOK OF KL-34 7866 EXT.P4. TRUE COPY OF THE PROCEEDINGS DATED 28.12.2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.4945 of 2011 ----------------------------------------- Dated this the 24th day of February, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage bearing registration No.KL-17 C 7139 on the route Pazhayarikandam – Kattappana on the strength of Ext.P2 permit, which is valid till 21.3.2011. The petitioner is presently operating the stage carriage with a 2005 model vehicle. With a view to replace the old vehicle with a later model vehicle described in Ext.P3 certificate (2008 model) the petitioner has submitted an application dated 14.12.2010 before the second respondent. The second respondent in turn informed the petitioner by Ext.P4 letter dated 28.12.2010 that as difference in seating capacity is more than 25% of the seating capacity of the vehicle which is sought to be replaced, he is not empowered to consider the application and therefore, the Regional Transport Authority will have to consider the application. In this writ petition the petitioner seeks a direction to the Regional Transport Authority, Idukki, to take an appropriate decision on his application dated 14.12.2010, if W.P(C) NO.4945/2011 -:2:- necessary by following the procedure prescribed in rule 130 of the Kerala Motor Vehicles Rules. 2. I heard Sri.I.Dinesh Menon, learned counsel appearing for the petitioner and Sri.M.A.Asif, learned Government Pleader appearing for the respondents. The pleadings and the materials on record disclosed that the petitioner is currently operating a stage carriage on the strength of a permit which is valid till 21.3.2011. Under section 83 of the Kerala Motor Vehicles Act read with rule 124 of the Kerala Motor Vehicles Rules a stage carriage operator can seek replacement of the vehicle with a later model vehicle having a different seating capacity also. In the instant case the only reason why the second respondent did not dispose of the application for replacement of the vehicle was that the incoming vehicle has a seating capacity which is 25% more than the seating capacity of the outgoing vehicle. The application for replacement was submitted on 14.12.2010 and the inability of the second respondent to consider the application was communicated on 28.12.2010. Nearly two months have passed thereafter. In such circumstances as the validity of the permit is to expire shortly I am of the opinion that the Regional Transport Authority should pass expeditious orders on the application for W.P(C) NO.4945/2011 -:3:- replacement dated 14.12.2010 as otherwise the petitioner will be seriously prejudiced in the matter of seeking renewal of the permit. Under rule 130 of the Kerala Motor Vehicles Rules the Regional Transport Authority can take a decision on such applications by circulation as no personal hearing is required. In such circumstances I dispose of the writ petition with a direction to the first respondent to take a decision on the application dated 14.12.2010 submitted by the petitioner for replacement of the existing stage carriage (KL-17 C 7139) with KL-34 7866 expeditiously and in any event within two weeks from the date of production of a copy of this judgment, if necessary by following the procedure prescribed in rule 130 of the Kerala Motor Vehicles Rules. The Secretary, Regional Transport Authority shall, upon the replacement being granted, make the necessary endorsements on the permit forthwith. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.4945 of 2011 ---------------------------- JUDGMENT 24th February, 2011