IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 5152 of 2011(T) ------------------------------------- PETITIONER(S): ---------------------- SMT.E.V. AJITHA, MADATHIPARAMBIL HOUSE, NADATHARA, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 020. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 020. R1 & R2 BY GOVT. PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 5152 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE RENEWAL APPLICATION AND THE CHALAN RECEIPT DATED 04/05/2007. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY S.I. OF POLICE, PERAMANGALAM. EXT.P4: COPY OF THE APPLICATION FOR REPLACEMENT DATED 30/08/2008. EXT.P5: COPY OF THE TEMPORARY PERMIT VALID TILL 18/02/2011. EXT.P6: COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 02/02/2011. EXT.P7: COPY OF THE TEMPORARY PERMIT VALID TILL 10/03/2011. EXT.P8: COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 28/02/2011 WITH CHELAN. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.5152 of 2011 ------------------------------- Dated this the 10th day of March, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Adat – Thrissur on the strength of Ext.P1 regular permit which was valid till 20.5.2007. Though the permit was initially granted to Sri.P.Viswambaran, it was transferred to the name of the petitioner in the year 2003. Later, the petitioner was operating the service using stage carriage bearing registration No. KL-8 K 5515. When the permit was about to expire, she submitted Ext.P2 application for renewal of the regular permit. While the application was pending, the vehicle bearing registration No. KL-8 K 5515 was stolen. As a result of the registration of a crime by the Sub Inspector of Police, Peramangalam in connection with the said incident, though the petitioner had purchased a later model vehicle bearing registration No. KL-3 F 1798, orders were not passed on the application for the renewal of permit. The petitioner was therefore operating the service on the strength of temporary permits of 4 months duration. The last of the temporary permits, a copy of which is on record as Ext.P5, was valid till 18.2.2011. This writ petition was filed on 17.2.2011 contending that though by virtue of the provisions contained in section 87(1)(d) of the Motor Vehicles Act, the petitioner is entitled to a W.P.(C) No.5152 of 2011 2 temporary permit, the Secretary, Regional Transport Authority, Thrissur is not taking steps to re-issue the temporary permit. In this writ petition, the petitioner seeks a direction to the second respondent to re-issue temporary permits periodically pending disposal of the application for regular permit. 2. When the writ petition came up for admission-hearing on 18.12.2011, while admitting the writ petition, this Court passed the following order:- “Admit. Issue urgent notice returnable in 10 days to the respondent. There will be an interim order directing the second respondent to issue a temporary permit of 20 days duration in continuation of Ext.P5 temporary permit, if as on today the petitioner's application for renewal of the regular permit has not been rejected. The temporary permit shall be issued within two days from today. Post after 10 days.” 3. When the writ petition came for hearing today, it was submitted that pursuant to the interim order passed by this Court on 18.2.2011, a temporary permit of 20 days duration which is produced as Ext.P7 along with I.A.No.3897of 2011 was issued, that the said permit is valid till 10.3.2011 and the petitioner has already submitted Ext.P8 application on 28.2.2011 for the issue of a temporary permit of W.P.(C) No.5152 of 2011 3 4 months duration, after paying the requisite fee. The learned counsel for the petitioner submitted that in the facts and circumstances obtaining, the writ petition may be disposed of with a direction to the respondents to issue temporary permits of four months duration periodically on the petitioner submitting applications in that regard and paying the requisite fee, till the application for regular permit is disposed of by the Regional Transport Authority, Thrissur. The learned Government Pleader appearing for the official respondents did not oppose the said request. In such circumstances, as the petitioner is operating the stage carriage since 2003 and the service was introduced in the year 2002, I dispose of the writ petition with a direction to the second respondent to periodically issue temporary permits of four months duration on the petitioner submitting an appropriate application and paying the requisite fee. This arrangement shall be continued till the application for regular permit is disposed of. P.N. RAVINDRAN, JUDGE. nj.