IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30442 of 2011(E) ------------------------------------ PETITIONER : - ------------------------ M.MADHU, MADALAYIL HOUSE, MEENATHU WARD, VALLIKUNNAM, MAVELIKKARA. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT : - ------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, PIN-688 001. BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30442 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE ORDER OF THE STATE TRANSPORT APPELLATE TRIBUNAL IN M.P. NO. 657 / 2011 IN M.V.A.A. NO. 246 / 2011 DATED 05.07.2011. EXT P2 : COPY OF THE TEMPORARY PERMIT ISSUED TO THE PETITIONER ON THE ROUTE KARUNAGAPPALLY - THATTA VALID UP TO 07.11.2011. EXT P3 : COPY OF THE 4 MONTHS TEMPORARY PERMIT APPLICATION SUBMITTED BY THE PETITIONER ON THE ROUTE KARUNAGAPPALLY - THATTA DATED 03.11.2011. EXT P4 : COPY OF THE RECEIPT EVIDENCING PAYMENT OF FEE DATED 03.11.2011. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.30442 of 2011 ----------------------------------------- Dated this the 18th day of November, 2011 JUDGMENT The petitioner is a stage carriage operator who was operating a stage carriage service on the route Karunagappally - Thatta on the strength of a regular permit. The said permit was valid till 22.1.2011. The petitioner was operating the service with stage carriage bearing registration No.KL-06/6548. The petitioner has applied for renewal of the permit in time and the said application is pending consideration of the Regional Transport Authority, Kollam. After 22.1.2011 the petitioner was operating the service on the strength of temporary permits of 20 days duration, which were being periodically issued. The certificate of registration of the petitioner's stage carriage bearing registration No.KL-06/6548 has ceased to be valid and therefore he has applied for replacement of the said vehicle with a later model vehicle bearing registration No.KL-04/R 9539. When the respondent refused to re-issue a temporary permit under section 87((1)(d) of the Motor Vehicles Act in respect of the later model W.P(C).No.30442 of 2011 -:2:- vehicle, the petitioner filed an appeal before the State Transport Appellate Tribunal, Ernakulam. In that appeal Ext.P1 interim order was passed directing the grant of a four months temporary permit in respect of the later model vehicle. Consequently Ext.P2 temporary permit was issued on 8.7.2011 and it was valid till 7.11.2011. Even before the validity of the said temporary permit expired, the petitioner submitted Ext.P3 application dated 3.11.2011 for re-issue of the temporary permit for another period of four months. The requisite fee was also paid. This writ petition was filed on 15.11.2011 alleging tht though the Regional Transport Authority had directed the grant of a temporary permit of four months duration by Ext.P1 order and a permit was also issued, it was not re-issued even though the application for renewal of the permit is still pending. In this writ petition the petitioner seeks a direction to the respondent to re-issue temporary permits to the petitioner under section 87(1)(d) of the Motor Vehicles Act till the application for renewal of the permit is disposed of. 2. I heard Sri.K.V.Gopinathan Nair, learned counsel appearing for the petitioner and Sri.G.Gopakumar, learned Government Pleader appearing for the respondent. Sri.G.Gopakumar, learned Government Pleader appearing for the W.P(C).No.30442 of 2011 -:3:- respondent submitted on instructions that the Regional Transport Authority alone can grant a temporary permit of four months duration, that Ext.P2 temporary permit was issued by the Secretary only because of the direction issued by the State Transport Appellate Tribunal and that if the petitioner is satisfied with 20 days temporary permits, the Secretary will re-issue temporary permits of 20 days duration so long as the petitioner's application for renewal of the stage carriage permit is pending. In the light of the said submission I dispose of the writ petition with a direction to the respondent to re-issue temporary permits of 20 days duration on the petitioner applying for the same, so long as his application for renewal of the stage carriage permit is pending so as to enable him to operate the service on the route Karunagappally - Thatta. The first of such temporary permits shall be issued within two days from the date of production of a certified copy of this judgment, by passing appropriate orders on Ext.P3, treating it as an application for a temporary permit of 20 days duration. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.30442 of 2011 ---------------------------- JUDGMENT 18th November, 2011