IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(C).No. 23385 of 2011(W) --------------------------------------- PETITIONER: ------------------- ABUBECKER,S/O.MUHAMMED, 3/5,KUZHIKANDAN HOUSE, MELMURI P.O.,MALAPPURAM DISTRICT. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505, REPRESENTED BY ITS SECRETARY 2. THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505. R1 & R2 BY GOVT. PLEADER SRI. G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.23385/2011-W: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE VEHICLE REGISTRATION NO-KL-10-K-8954. EXT.P2:- TRUE COPY OF THE PERMIT IN RESPECT OF THE VEHICLE REGISTRATION NO.KL-10/K-8954. EXT.P3:- TRUE COPY OF THE APPLICATION FOR RENEWAL OF THE REGULAR PERMIT DATED 27-6-2011. EXT.P4:- TRUE COPY OF THE COVERING LETTER ACCOMPANYING THE APPLICATION FOR RENEWAL OF REGULAR PERMIT DATED 27-6-2011. EXT.P5:- TRUE COPY OF THE RECEIPT ISSUED BY THE MOTOR VEHICLE DEPT REGARDING THE ACCEPTANCE OF THE FEES FOR THE RENEWAL OF THE REGULAR PERMIT DATED 28-6-2011. EXT.P6:- TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN WPC.NO 21627 OF 2007(Y) DATED 11-9-2007. EXT.P7:- TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN WPC.NO 25474 OF 2008(G) DATED 25/8/2008. EXT.P8:- TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN WPC.NO 9812 OF 2011 DATED 29/03/2011. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.23385 of 2011 ----------------------------------------- Dated this the 22nd day of November, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Manjeri - Ottathara via. Anakkayam, Vellila, Veravu, Kolapparamba, Kadoopuram, Makkaraparamba, Mankada, Chemmankadavu, Pookkottur. The said permit is valid till 11.12.2011. The permit was initially issued on 12.12.2006. The petitioner was operating the service using a four wheeler stage carriage described in Ext.P1 certificate of registration. The petitioner applied for renewal of the aforesaid permit by submitting Ext.P3 application dated 27.6.2011. Along with that application he also filed Ext.P4 representation wherein he requested that though this Court had by judgment delivered in W.A.No.2056 of 2003 and connected cases directed the Government to take a decision as to whether four wheeler stage carriages should be replaced with six wheeler stage carriages, the Government are yet to take a decision in the matter and therefore the permit may be renewed for a period of five years from the W.P(C).No.23385 of 2011 -:2:- date of its expiry. This writ petition is filed contending that the respondents have not passed orders on the petitioner's application for renewal of the permit on the ground that renewal will not be granted unless the petitioner replaces the four wheeler stage carriage which he is presently operating, with a six wheeler stage carriage. In this writ petition the petitioner seeks a direction to the respondents to renew the original of Ext.P2 permit without insisting on the the existing four wheeler stage carriage being replaced with a six wheeler stage carriage. It is contended that as the State Government are yet to take a final decision on the question whether four wheeler stage carriages can be permitted to operate, the respondents are bound to renew the permit. 2. The issue raised by the petitioner is no longer res integra and is covered in his favour by Ext.P7 judgment of this Court in W.P.(C)Nos.25474 and 25518 of 2008 and Ext.P8 judgment delivered by me in W.P.(C) No.9812 of 2011. In the said decisions it was held that as the Government are yet to take a final decision on the question whether four wheeler stage carriages should be replaced with six wheeler stage carriages, the applications for renewal of stage carriage permits relating to four wheeler stage carriages should be disposed of without insisting on W.P(C).No.23385 of 2011 -:3:- replacement of the four wheeler stage carriages with six wheeler stage carriages. I accordingly dispose of the writ petition with a direction to the competent authority among the respondents to consider Ext.P4 application for renewal of the regular stage carriage permit and pass orders thereon expeditiously and in any event before 11.12.2011 without insisting on the petitioner replacing the existing stage carriage with a six wheeler stage carriage. Needless to say, such renewal will be subject to the decision to be taken by the Government pursuant to the direction issued by this Court in W.A.No.2056 of 2003 and connected cases. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.23385 of 2011 ---------------------------- JUDGMENT 22nd November, 2011