IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15834 of 2010(D) ---------------------------------------- PETITIONER(S): ----------------------- THE SECRETARY, QUILON AUTOMOBILE EMPLOYEES CO-OPERATIVE SOCIETY, NO.Q 797, KADAMPANAD PO, ADOOR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPOPRT AUTHORITY, PATHANAMTHITTA. 2. THE SECRETARY, R.T.A.,PATHANAMTHITTA. R1 & R2 BY GOVT. PLEADER MR.SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K.SURENDRA MOHAN, J. ---------------------------------- W.P.(C) No.15834 OF 2010 ------------------------------------ Dated this the 25th day of May, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is a Co-operative Society of employees as well as the registered owner of a stage carriage bearing Registration No.SC KL-3 M 1733. The petitioner has been conducting services on the route Pathanamthitta- Chavara with the vacant timings of another vehicle bearing Registration No.KL-3 F 5525. The existing temporary permit of the petitioner is valid till 28.5.2010. The regular permit of the operator in whose vacant timings he is operating has expired on 27.5.2010. It is contended that he was not operating during the currency of the regular permit also. The petitioner has therefore submitted an application for the issue of a regular permit on the route. He has also applied for the issue of a temporary permit for conducting services during the pendency of his application for the issue of a regular permit. However, his applications were rejected by the authority. Therefore, the petitioner challenged the proceedings by filing M.V.A.A.No.452/2009 before the State Transport Appellate W.P.(C) No.15834/2010 2 Tribunal ('STAT' for short). The basic permit holder who got impleaded in the said appeal put forward a claim for temporary permit. However, his claim was rejected by the STAT. Meanwhile, the application of the basic permit holder for renewal of his permit was rejected by the authority. It is submitted by the petitioner that the stage carriage bearing Registration No.KL-3F 5525 in respect of which the basic permit holder had sought renewal of his regular permit is now conducting services on another route, Pathanamthitta- Karunagappilly. 2. In the above circumstances, it is submitted that the petitioner is entitled to the re-issue of his regular permit. However, the petitioner complains that no orders have been passed on his application for the said purpose, till date. The learned senior Government Pleader has no objection in directions being issued for the consideration of Ext.P4 application submitted by the petitioner. 3. In the above circumstances, this Writ Petition is W.P.(C) No.15834/2010 3 disposed of directing the 2nd respondent to consider the request of the petitioner for the re-issue of his temporary permit, evidenced herein by Ext.P4, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. (K.SURENDRA MOHAN, JUDGE) ps