IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 8671 of 2010(H) --------------------------------------- PETITIONER(S): ------------------------- SMT.K.THASLEENA, KURUNGOTTUMMAL HOUSE, P.O.VELLAYIKODE, KOZHIKODE. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. BY SR. GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 8671 OF 2010 H ----------------------------------------------------------- Dated this the 15th June, 2010. JUDGMENT The petitioner had applied for the issue of a regular permit on an inter district route Perumanna-Ramanattukara-Kunnamangalam as an ordinary service. The application was rejected on 6/10/2009 on the ground that the proposed route overlapped a nationalised route, in excess of the permissible limits. The petitioner challenged the rejection of his application in MVAA No: 10/2010 before the State Transport Appellate Tribunal (STAT). The learned Tribunal heard the counsel for the Kerala State Road Transport Corporation also and held that the reasoning of the Regional Transport Authority was wrong and therefore, set aside the order rejecting the application of the petitioner. The authority was directed to reconsider the matter. Accordingly, the matter was placed before the Regional Transport Authority and as per proceedings dated 29/1/2010, the permit was granted to the petitioner. Though the petitioner produced the current records of his vehicle bearing registration No: KL-11 P 8867 before the authority, the permit was not issued because according to the Secretary he had moved the government for permission to file an appeal against the decision of WPC 8671/2010 2 the STAT. According to the petitioner no appeal has been filed by the government against the judgment of the STAT till date. At the same time, the permit of the petitioner has not been issued yet. 2. In the above circumstances, on 29/3/2010, the petitioner submitted an application for the replacement of his vehicle with a new vehicle bearing registration No: KL-11P 8867, after remitting the requisite fees. The present complaint of the petitioner is that no orders have been passed on his application till date. 3. A counter affidavit has been filed on behalf of the first respondent. It is stated therein that against the order of the STAT, the Secretary has sought permission of the government to file an appeal. However, no orders have been received yet. It is admitted that though the permit has been granted to the petitioner, the same has not yet been issued to her. It is also submitted that the matter is placed before the RTA for consideration and that the same would be considered in due course. 4. Since the application submitted by the petitioner for replacement of his vehicle is still pending consideration of the respondents, this writ petition can be disposed of directing an early disposal of the same. 5. In the above circumstances this writ petition is disposed of WPC 8671/2010 3 directing the respondents to consider the application of the petitioner for the replacement of her vehicle with a later model one in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. It is made clear that such orders would be subject to the result of any appeal that may be filed by the State or the KSRTC against the grant of the permit to the petitioner. K. SURENDRA MOHAN Judge jj WPC 8671/2010 4