IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 35315 of 2008(D) -------------------------- PETITIONER(S): --------------- SHAJI CHIRAYATH HOUSE, VARANDARAPPALLY, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. REGIOAL TRANSPORT AUTHORITY, THRISSUR 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35315/2008 -------------------- Dated this the 10th day of December, 2008 JUDGMENT Petitioner, who is the owner of a stage carriage which was operating on the basis of a regular permit on the route Kallayi-Thrissur, sought for a renewal of the regular permit. But there was a delay in submitting the application for renewal, which under Rules, ought to have been submitted within 15 days prior to the expiry of the period of permit. In view of the fact that there has been delay in seeking renewal of the regular permit, petitioner sought for a temporary permit under Section 87(1)(d) of the Motor Vehicles Act. Delay in submitting the application for renewal of regular permit does not fetter the power of the authority in issuing a temporary permit, as held by this Court in Ext.P5 judgment. 2. In the result, writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P3 application within three weeks from W.P.(C).35315/2008 2 the date of receipt of a copy of this judgment, along with the copy of the writ petition. V.GIRI, Judge mrcs