IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 26582 of 2009(P) -------------------------- PETITIONER(S): --------------- PRASANNAKUMARI, W/O.UNNIKRISHNAN, 76, ANUGRAHA, PATTAMBI. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. SR. GOVT. PLEADER SHRI.K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26582 of 2009 ================== Dated this the 13th day of November, 2009 J U D G M E N T The petitioner is the transferee of a permit for conducting a stage carriage service on the route Valancherry-Pallippuram. The basic permit was valid till 7.2.2009. There was some dispute between the original permit holder and a third person relating to recovery of money. O.S.No.206/07 was filed in respect thereof. In that suit there was an injunction against transfer of the vehicle, on account of which, the joint application for transfer of permit was not considered by the respondent. The petitioner approached this Court by filing W.P.(C). No.23914/2008, in which, this Court held that there is a difference between transfer of permit and transfer of ownership of the vehicle and that the injunction against transfer of ownership cannot affect the transfer of permit as such. A contempt case was instituted and pursuant thereto, transfer of permit was granted subject to the result of the suit pending. The petitioner, thereafter submitted an application for renewal of the permit and replacement of the vehicle. The petitioner's grievance is that the same is not being considered for the same reason, which was negatived by this Court in the earlier writ petition. The petitioner also relies on Ext.P4 judgment of this Court in W.P.(C).No.12000/2007 in support of his contentions. The petitioner, 2 therefore, seeks the following reliefs: 'i. To issue a writ of mandamus or such other writs, order or direction, directing the respondents to pass final orders on the application for renewal of permit on the route Valamchery- Pallipuram in respect of stage carriage KL-10 E 9198, without insisting for RC particulars of the old vehicle, within a time frame as this Hon Court may deem fit and proper. ii. issue a writ of mandamus or such other writs, order or direction, directing the Secretary, RTA, Palakkad to consider the application for replacement submitted on 1.12.2008 and endorse the fact of replacement in the permit without insisting for production of the RC particulars of the old vehicle KL -10 E 9198 and without waiting for the final decision in O.S.206/2007, within a time frame as this Hon Court may deem fit and proper;” 2. The learned Government Pleader, on instructions, submits that the application submitted by the petitioner can be considered expeditiously. 3. Having heard both sides, I dispose of this writ petition with a direction to the respondent to consider and pass orders on the application for renewal of permit and replacement of the vehicle submitted by the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment in accordance with the above said judgments of this Court. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3 sdk+ S.SIRI JAGAN, JUDGE