IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 12720 of 2011(L) -------------------------- PETITIONER(S): ---------------------- T.J. ABRAHAM, THENIYAPLACKAL HOUSE, ANICKADU EAST.P.O, PALLICKATHODU, KOTTAYAM. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 686 002. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686 0O2. GOVERNMENT PLEADER MR.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 12720 of 2011 APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE REGULAR PERMIT HOLDING BY THE PETITIONER ON THE ROUTE PATHANAMTHITTA – PADICHIRA VALID UP TO 10.7.2008. P2:- COPY OF THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER DATED 20.5.2008. P3:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.3.2011. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 12720 OF 2011 --------------------------------------------- Dated this the 2nd day of June, 2011 J U D G M E N T The petitioner is a stage carriage operator, operating a stage carriage service on the route Pathanamthitta - Padichira on the strength of a regular permit. Even before the validity of the permit expired on 10.7.2008, the petitioner submitted Ext.P2 application under section 81 of the Motor Vehicles Act, seeking renewal of the permit. Renewal was not granted in time for the reason that the concurrence of eight Regional Transport Authorities had to be obtained. Therefore, temporary permits were periodically being issued to the petitioner. Even now, the petitioner is operating the service on the strength of such a temporary permit. Recently, the petitioner submitted Ext.P3 application dated 30.03.2011 seeking conversion of service as super express service. This writ petition is filed contending that, though, several years have passed after Ext.P2 application for renewal was submitted, notwithstanding the fact that the concurrence of the sister Regional Transport Authorities have W.P.(C).No. 12720 OF 2011 2 been obtained, the Regional Transport Authority, Kottayam has not yet disposed of the said application or Ext.P3 application for conversion of service as super express service. In this writ petition, the petitioner seeks a direction to the respondents to pass final orders on Ext.P2 application for renewal of Ext.P1 permit and Ext.P3 application for conversion of the class of service, within a time limit to be fixed by this Court. 2. The respondents have been served. The learned Government Pleader appearing for the respondents submitted that, if the concurrence of the sister Regional Transport Authorities have been obtained, the Regional Transport Authority, Kottayam will consider Ext.P2 application for renewal along with Ext.P3 application for conversion of the service as super express service and pass orders thereon expeditiously. In the light of the said submission and having regard to the fact that nearly three years have passed after Ext.P2 application for renewal of the permit was submitted, I dispose of the writ petition with a direction to the respondents to pass final orders on Ext.P2 application, if the concurrence of the sister Regional W.P.(C).No. 12720 OF 2011 3 Transport Authorities have been obtained, expeditiously, and in any event, within one month from the date on which, the petitioner produces a certified copy of the judgment before the second respondent. The Regional Transport Authority, Kottayam shall, while taking a decision on Ext.P2 application for renewal also consider Ext.P3 application for conversion of the class of service and pass orders thereon with reference to the relevant statutory provisions. P.N.RAVINDRAN, JUDGE dmb