IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 5790 of 2011(W) ------------------------------------ PETITIONERS : - ------------------------ 1. BEERANKOYA C., CHULLIYIL HOUSE, VALLIKUNNU P.O., KAKALUNDI NAGARAM, TIRUR, MALAPPURAM. 2. P.K.ABDULLAKOYA, KANNAPPANTHODI HOUSE, P.O.PERUMUGHAM, FEROKE, KOZHIKODE. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENTS: - ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, REP. BY ITS SECRETARY, PIN-673 020. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, PIN-673 020. 3. SRI.RAHOUF E., S/O.MAMUKOYA HAJI, EDAKKODE HOUSE, NALLALAM, KOZHIKODE-673 027. R1 & R2 BY Sr. GOVT. PLEADER SMT. ANITHA RAVINDRAN R3 BY ADV. SRI. I .DINESH MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5790 of 2011(W) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE OBJECTION SUBMITTED BY THE 1st PETITIONER BEFORE THE 1st RESPONDENT DATED 26.03.2010. EXT P2 : COPY OF THE PROCEEDINGS OF THE R.T.A., KOZHIKODE GRANTING REGULAR PERMIT IN FAVOUR OF THE 3rd RESPONDENT DATED 26.03.2010. EXT P3 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P. (C) NO. 22922 / 2010 DATED 03.08.2010. EXT P4 : COPY OF THE PETITION SUBMITTED BY THE 1st PETITIONER UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT BEFORE THE 2nd RESPONDENT DATED 10.12.2010. EXT P5 : COPY OF THE INFORMATION GIVEN BY THE 2nd RESPONDENT DATED 23.12.2010 UNDER THE PROVISIONS OF RIGHT TO INFORMATION ACT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 5790 of 2011 ----------------------------------------------- Dated this the 17th day of November, 2011 JUDGMENT The petitioners are stage carriage operators operating stage carriage services on the route Kozhikode - Parappanangadi on the strength of regular permits. They have filed this writ petition for a declaration for the grant of a regular stage carriage permit in favour of the third respondent to operate a stage carriage service on the route Feroke - Parappanangadi as per Ext.P2 proceedings dated 26.3.2010 issued by the Regional Transport Authority, Kozhikkode has ceased to be in force in view of the failure of the third respondent to offer a suitable vehicle. It is contended that though Ext.P2 proceedings was communicated to the third respondent in April, 2010, he has not produced the current records of the stage carriage offered by him in the application or of any other suitable vehicle and therefore by operation of law, the grant has ceased to be in force. It is also stated that the stage carriage referred to in Ext.P2 application is operating on another route. 2. Though all the respondents have been served, the third WP(C)No. 5790 of 2011 -2- respondent has not chosen to enter appearance. Smt.Anitha Ravindran, the learned Government Pleader submitted on instructions that the stage carriage referred to in Ext.P2 is operating on a different route, that the third respondent did not produce the current records of any other vehicle within the stipulated time and therefore the grant in favour of the third respondent has ceased be in force. In the light of the said submission, I am of the opinion that the petitioners are entitled to succeed. I accordingly declare that in view of the failure of the third respondent to produce the current records of the stage carriage within the time limit of four months stipulated in rule 159 of the Kerala Motor Vehicles Act, the grant evidenced in Ext.P2 has ceased to be in force. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge.