IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 32694 of 2009(F) -------------------------------------- PETITIONER(S): ---------------------- P.R. PAVANAN, PERAYANGATTIL HOUSE, KIZHAKKUMMURI, PERINGOTTUKARA, THRISSUR. BY ADV. MR.I.DINESH MENON RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. R1 & R2 BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32694/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER DATED 22/10/2009. EXT.P3: COPY OF THE TEMPORARY PERMIT APPLICATION DATED 22/10/2009. EXT.P4: COPY OF THE JUDGMENT IN WP(C) NO. 23495/2007 DATED 19/06/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 32694 of 2009 - F ---------------------------------------- Dated 20th January, 2010 Judgment The petitioner is a stage carriage operator operating a stage carriage on the route Perinjanam-Adat on the strength of Ext.P1 regular permit. The said permit was valid till 17.11.2009. Even before Ext.P1 permit expired, the petitioner submitted Ext.P2 application dated 22.10.2009 for renewal of the said permit. He also submitted Ext.P3 application for the issue of a temporary permit pending orders on the application for renewal. He had also sought variation of the timings and permission to operate an additional trip. The grievance voiced by the petitioner is that till date orders have not been passed on Ext.P2 application for renewal of the permit and that a temporary permit has also not been issued though he has applied for the same. In this writ petition, the petitioner seeks a direction to the respondents to pass orders on Ext.P2 application for renewal of Ext.P1 regular permit within a time limit to be fixed by this Court. He also seeks a direction to the W.P.(C) No. 32694/2009 2 second respondent to pass orders on Ext.P3 application for a temporary permit. 2. Sri.K.S.Mohammed Hashim, the learned Senior Government Pleader submits on instructions that the respondent will consider Ext.P2 application and take a decision thereon at the earliest. The learned Senior Government Pleader also submits that the next meeting of the Regional Transport Authority, Thrissur has not yet been scheduled. 3. Ext.P1 permit was issued to the petitioner on 18.11.2004. It was valid till 17.11.2009. The petitioner applied for renewal well within time by submitting Ext.P2 application dated 22.10.2009. In such circumstances, as the validity of the permit has expired and as the petitioner is now not in a position to operate the stage carriage, I am of the opinion that the respondents should consider Ext.P2 application for renewal of Ext.P1 permit and take a decision thereon expeditiously. I am also of the opinion that pending disposal of the said application, the respondents should issue a W.P.(C) No. 32694/2009 3 temporary permit to the petitioner so that the petitioner is not compelled to keep his vehicle idle. I accordingly dispose of this writ petition with the following directions: (i) The respondents shall consider Ext.P2 application for renewal of Ext.P1 permit and take a decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent; (ii) The second respondent shall issue temporary permit of 20 days' duration to the petitioner, if he applies for the same and pays the requisite fee and if there is no impediment for the grant of such temporary permit; and (iii) In the event of the petitioner being found eligible for the grant of temporary permit, such temporary permit of 20 days' duration shall be issued until a decision is taken on Ext.P2 application for renewal of Ext.P1 permit. P.N.RAVINDRAN Judge vaa