IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WP(C).No. 34449 of 2009(A) --------------------------------------- PETITIONER(S): ---------------------- SMT.JANAKI, W/O.K.P. KUMARAN, KANGARAPARAMBIL HOUSE, POST KOLALAMBA, MALAPPURAM. BY ADV. MR.I.DINESH MENON RESPONDENT(S): ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 34449/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEATH CERTIFICATE DATED 01/08/2009. EXT.P2: COPY OF THE REGULAR PERMIT IN RESPECT OF KL-10 S 7577. EXT.P3: COPY OF THE TEMPORARY PERMIT IN RESPECT OF KL-10 S 7577. EXT.P4: COPY OF THE DELAY PETITION DATED 12/11/2009. EXT.P5: COPY OF THE APPLICATION FOR TRANSFER DATED 21/11/2009. EXT.P6: COPY OF THE TEMPORARY PERMIT APPLICATION DATED 05/11/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 34449 OF 2009 -------------------------- Dated this the 11th day of January, 2010 J U D G M E N T The petitioner is the wife of late K.P.Kumaran, a stage carriage operator, who passed away on 14.7.2009. The petitioner's husband was operating a stage carriage bus on the route Ponnani - Pattambi as per Ext.P1 permit that was valid till 5.7.2009. The petitioner's husband had before his death submitted an application in time for renewal of Ext.P2 permit. Since final orders were not passed on the application for renewal, Ext.P3 temporary permit of four months' duration was issued on 4.7.2009. He died while the said permit was in force. On her husband's death, the petitioner submitted Ext.P5 application dated 21.11.2009 before the Regional Transport Officer, Palakkad for transfer of ownership of the vehicle bearing registration No. KL 10.S.7577 to her. She also submitted Ext.P6 application before the Regional Transport Officer, Palakkad for transfer of the temporary permit to her name. She also filed Ext.P4 representation dated 12.11.2009 before the Secretary, Regional Transport Authority, Palakkad requesting that the delay in applying for transfer of permit may be condoned. The grievance voiced by the petitioner W.P.(C) No. 34449/09 2 is that though months have passed after she submitted Exts.P4, P5 and P6 applications, till date, orders have not been passed thereon. In this writ petition the petitioner seeks a direction to the respondent to consider her application for transfer of permit in respect of the stage carriage bearing registration No. KL 10.S.7577 operating on the route Ponnani-Pattambi on the strength of Ext.P3 temporary permit which was issued at a time when the application for renewal of Ex.P2 regular permit was pending. The petitioner also seeks a direction to the Secretary, Regional Transport Authority, Palakkad to consider her application for a temporary permit to operate on the route Ponnani-Pattambi pending consideration of her applications for transfer/renewal of the regular permit. 2. Sri. K.S.Mohammed Hashim, the learned senior Government pleader appearing for the respondent on instructions submits that though the petitioner's application for transfer of regular permit was an item on the agenda in the meetings held on 17.12.2009 and 5.1.2010 the petitioner did not produce the legal heirship and no objection certificate from the other legal heirs of late K.P.Kumaran and therefore the petitioner's application for transfer of W.P.(C) No. 34449/09 3 permit/renewal of the regular permit has not been taken up for consideration. He submits that the petitioner's application will be taken up and considered in the next meeting. He also submits that pending disposal of petitioner's application for transfer of permit/renewal of the regular permit, the Secretary, Regional Transport Authority, Palakkad will consider petitioner's application for renewal of Ext.P3 temporary permit and take a decision thereon at the earliest in accordance with law. In the light of the said submissions, I dispose of the writ petition with the following directions: (i) The Regional Transport Authority, Palakkad shall consider the petitioner's application for transfer of permit/renewal of the regular permit issued to the petitioner's husband late K.P.Kumaran in respect of the stage carriage bearing registration No. KL 10.S.7577 operating on the route Ponnani-Pattambi and take a decision thereon expeditiously and in any event within three months from today. (ii) In the meanwhile, the Secretary, Regional Transport Authority, Palakkad shall consider the petitioner's application for W.P.(C) No. 34449/09 4 temporary permit in respect of the said stage carriage operating on the route Ponnani-Pattambi and take a decision thereon in accordance with law within two weeks from the date on which the petitioner produces a certified copy of this judgment before him. The Secretary shall after orders are passed on the petitioner's application for temporary permit in respect of the aforesaid vehicle and the route, communicate a copy thereof to the petitioner. If the petitioner is aggrieved thereby, it will be open to her to challenge the same in other appropriate proceedings. P.N.RAVINDRAN, JUDGE vps