IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WA.No. 651 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33911/2008 Dated 27/11/2008 .................... APPELLANT(S): 3RD RESPONDENT IN WPC: ------------------------------------------------------------ THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC RESPONDENT(S): --------------- 1. REMA K.N., KARULLIPUTHENPURA, KUNNAKKAL, MUVATTUPUZHA. 2. THE REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, REGIONAL TRANPORT AUTHORITY, MUVATTUPUZHA. 4. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY ADV.SRI.SAJEEVKUMAR K.GOPAL,(R1) GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.651 of 2009 ---------------------------------------------- Dated 24th February, 2010. J U D G M E N T Balakrishnan Nair, J. The controversy, that is raised for decision in this Writ Appeal is, whether temporary permit could be issued, after a draft notification is issued under Section 99(2) of the Kerala Motor Vehicles Act. In terms of the notification, further issuance of the temporary permits was barred. Therefore, the Regional Transport Authority, by Ext.P2 decision, rejected the application of the first respondent for re-issuance of her temporary permit, on the route Irapuram-Thodupuzha. The first respondent appealed. The appeal was dismissed by the Appellate Tribunal, by Ext.P4 order, relying on the terms of the scheme. Challenging Exts.P2 and P4, the Writ Petition was filed. 2. The learned Single Judge, relying on sub section (2) of Section 99 of the Kerala Motor Vehicles Act, which is quoted in the judgment under appeal, held that temporary permits could be issued, till the publication of the final scheme. Challenging the said judgment, the KSRTC has come up in appeal. 3. The learned counsel appearing on both sides WA NO.651/09 2 submit that the final scheme has been published on 14.7.2009. It is common ground that now permits, if any, including temporary permits could be issued, only in accordance with the terms of the final scheme notified. Therefore, the issue raised in this Writ Appeal has become academic. Accordingly, the Writ Appeal is closed as infructuous. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.651 of 2009 ---------------------------------------------- J U D G M E N T Dated 24th February, 2010.