IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 37790 of 2009(P) ----------------------------------------- PETITIONER(S): -------------------------- K.C.SIVANANDAN, KOMOTTUCHALIL HOUSE, KURUVATHUR, KOZHIKODE. BY ADV. MR.I.DINESH MENON RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. R1 & R2 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 37790 OF 2009 -------------------------- Dated this the 18th day of January, 2010 J U D G M E N T The petitioner was operating a stage carriage bus on the route Kozhikode-Kunnamangalam on the strength of Ext.P1 permit. The said permit ceased to be in force on 4.12.2004. The petitioner did not apply for renewal of the said permit in time. Long thereafter Ext.P2 application dated 26.11.2009 was submitted before the Regional Transport Authority, Kozhikode for renewal of the said permit and for replacement of the vehicle. He also submitted an application to condone the delay in applying for renewal of the permit. The grievance voiced by the petitioner is that though the requisite fee was paid by demand draft and the application is complete in all aspects, the Regional Transport Authority, Kozhikode, has not yet passed orders on Ext.P2 application for renewal of the permit and for replacement of the vehicle described therein. In this writ petition the petitioner seeks a direction to the respondents to consider Ext.P2 application along with the petition to condone the delay in submitting the said application, within a time limit to be fixed by this Court. 2. Sri. K.C.Santhosh Kumar, the learned Senior Government Pleader appearing for the respondents submits that the vacancy that arose when the petitioner ceased to operate Ext.P1 permit was filled up by issuing a regular permit to the stage carriage bearing registration No.KL- W.P.(C) No. 37790/09 2 10 C 4077 on 16.6.2005 and that the said permit is valid till 1.8.2010. In such circumstances, the petitioner cannot seek renewal of Ext.P1 permit and that he can only apply for a fresh grant. 3. The learned counsel appearing for the petitioner submits that the original of Ext.P2 application has been returned two days back on the ground that fee for renewal was made by way of demand draft and that the application is belated. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my opinion the question whether the petitioner is entitled to have Ext.P1 permit renewed is a matter to be decided by the Regional Transport Authority in the first instance. That authority cannot shirk its responsibility by stating that a regular permit was issued to another operator to operate with the set of timings during which the petitioner was operating a stage carriage. Likewise the application should not have been returned on the ground that it is belated and that the fee for renewal has been paid by demand draft. The rules permit payment by demand draft and also empower the authority to condone the delay in filing an application for renewal of permit. In such circumstances, I am of the opinion that the Secretary, Regional Transport Authority, Kozhikode, should consider Ext.P2 application in the light of the accompanying documents and take a decision thereon at the earliest and, W.P.(C) No. 37790/09 3 if necessary, by issuing notice to the operator who is already operating with the schedule of timings referred to in Ext.P1 permit. I accordingly dispose of this writ petition with a direction to the Secretary, Regional Transport Authority, Kozhikode to receive back the original of Ext.P2 application and the accompanying documents from the petitioner if they are represented along with a certified copy of this judgment. The Secretary, Regional Transport Authority, Kozhikode shall thereupon place the application before the Regional Transport Authority, Kozhikode, at its next meeting. The said authority shall consider the same and take a decision thereon after notice to and affording the petitioner and the operator of the stage carriage bearing registration No.KL-10 C 4077 a reasonable opportunity of being heard. Final orders on Ext.P2 shall be taken expeditiously and in any event within two months from the date on which the petitioner re-presents the same as directed above, along with a certified copy of this judgment. P.N.RAVINDRAN, JUDGE vps