IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 20550 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ MOHAMMEDALI, CHERAPURATH HOUSE, CHERIYAM, KOTTIL P.O., MANKADA, MALAPPURAM DISTRICT. BY ADVS. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): -------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, PIN 678 001. *ADDL.R2 IMPLEADED: R2. SENTHILKUMAR, S/O.SADANANDHAN, 35/438, SRI KRISHNA NIVAS, NAVAJOTHI NAGAR, KAVILPAD, OLAVAKODE, PALAKKAD. (*ADDL.R2 IS IMPLEADED AS PER ORDER DTD. 1/08/2011 IN I.A.NO.12537/11) R1 BY GOVERNMENT PLEADER SRI. P.M.MANOJ ADDL.R2 BY ADV. SRI.P.CHANDY JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20550/2011 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE 4 MONTHS TEMPORARY PERMIT ISSUED TO STAGE CARRIAGE KL-09/K 6513 VALID UPTO 4/09/2011. P2: COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER VALID FROM 26/03/2011 TO 25/07/2011. P3: COPY OF THE 4 MONTHS SUBSTITUTE TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER DTD. 16/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20550 OF 2011 ------------------------------- Dated this the 4th day of August, 2011 J U D G M E N T The petitioner is the registered owner of stage carriage bearing registration No.KL-08/AH 8299. The additional second respondent is a stage carriage operator who was operating the stage carriage bearing registration No.KL-09/K 6513 on the strength of a regular permit on the route Malampuzha – Kozhikode. The said permit was valid upto 14.4.2011. Within the stipulated time, additional second respondent applied for renewal of his regular permit. Along with the said application, he also applied for a temporary permit of 4 months duration under section 87(1)(d) of the Motor Vehicles Act. Ext.P1 temporary permit was thereupon issued to the additional second respondent on 5.5.2011 valid for the period from 5.5.2011 to 4.9.2011. The additional second respondent could not operate the service on the strength of the temporary permit for the reason that his vehicle was garaged for repairs. A vacancy thus arose and in that vacancy the petitioner applied for a substitute temporary permit and Ext.P2 temporary permit was thereupon granted for the period from 26.3.2011 to 25.7.2011 or till the route bus resumes service, whichever is earlier. This writ petition is filed contending that though W.P.(C) No.20550 of 2011 2 the stage carriage of the additional second respondent bearing registration No. KL-09/K 6513 has not resumed service and the application filed by the additional second respondent for regular permit has not been disposed of, the first respondent is not issuing further substitute temporary permits to the petitioner, even though the petitioner had applied for the same by submitting Ext.P3 application. In this writ petition, the petitioner seeks a direction to the first respondent to issue a substitute temporary permit of four months duration to enable the petitioner to operate the stage carriage in the vacancy of the stage carriage which the second respondent was operating. 2. The respondents have been served and they have entered appearance. When the writ petition came up for hearing today, Sri.Chandy Joseph, learned counsel appearing for the additional second respondent submitted that the vehicle belonging to the additional second respondent is presently garaged and the second respondent has no objection to substitute temporary permits being issued to the petitioner, subject to the condition that as and when the stage carriage of the additional second respondent resumes service, the grant in favour of the petitioner will cease. The learned Government Pleader appearing for the first respondent also concurred W.P.(C) No.20550 of 2011 3 with the said submission. In such circumstances, I dispose of the writ petition with the direction that so long as the vacancy of stage carriage bearing registration No. KL-09/K 6513 that was being operated by the second respondent continues to exist, the first respondent shall issue substitute temporary permits of 20 days duration to the petitioner, on the petitioner applying for the same. The first respondent shall pass appropriate orders on Ext.P3 application submitted in that regard and issue a temporary permit of 20 days duration within two days from the date on which the petitioner produces a certified copy of this judgment before the first respondent. The first respondent shall continue to issue such substitute temporary permits on the petitioner applying for the same, so long as the vacancy of the second respondent's stage carraige continues to exist. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.20550 of 2011 JUDGMENT Dated:- 4th August, 2011 --------------------------------------