IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 19053 of 2011(F) --------------------------------------- PETITIONER(S): ---------------------- SOJAN SIMON, S/O.V.P. SIMON, VADAKKAN HOUSE, P.B. ROAD P.O., ELTHURUTH, THRISSUR. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): -------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001. BY GOVT. PLEADER MR.G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, ALONG WITH WPC NO. 19170 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19053 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS DATED 15/11/2010. EXT.P2 A: COPY OF THE INTIMATION UNDER RIGHT TO INFORMATION ACT DATED 20/09/2011. EXT.P2 B: COPY OF THE INTIMATION UNDER RIGHT TO INFORMATION ACT DATED 14/09/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P (C) Nos. 19053 & 19170 of 2011 ------------------------------- Dated this the 17th day of October, 2011 J U D G M E N T The petitioner in W.P.(C) No.19053 of 2011 applied for the grant of a fresh regular stage carriage permit to operate a stage carriage on the route Chavakkad – Thrissur as per application dated 16.1.2010. The Regional Transport Authority, Thrissur that met on 15.11.2010 considered the application and resolved to grant the permit subject to settlement of timings. Ext.P1 is a copy of the proceedings issued in that regard. The petitioner states that though pursuant to Ext.P1 proceedings, the current records of the vehicle bearing registration No.KL 13/F 1449 were produced within the stipulated time, the Secretary, Regional Transport Authority, Thrissur has not so far issued the permit. It is contended that failure to issue the permit after settlement of timings is arbitrary and illegal. 2. The petitioner in W.P.(C) No.19170 of 2011 is a stage carriage operator operating a stage carriage on the route Thrissur- Chavakkad on the strength of a regular permit. Relying on Ext.P3 letter dated 2.7.2011 issued by the Public Information Officer in the Regional Transport Office, Thrissur, it is contended that the petitioner in W.P.(C) No.19053 of 2011 produced the current records of the W.P.(C) Nos.19053 & 19170 of 2011 2 vehicle only on 16.4.2011, beyond the period of four months stipulated in rule 159 of the Kerala Motor Vehicles Rules and therefore, the grant in his favour stood revoked. In this writ petition, he seeks a declaration that the decision granting the permit stands revoked for the failure of the applicant to produce the current records within the stipulated time of four months. 3. I heard Sri.G.Prabhakaran, learned counsel appearing for the petitioner in W.P.(C) No.19053 of 2011, Sri.P.Deepak, learned counsel appearing for the petitioner in W.P.(C) No.19170 of 2011 and Sri.G.Gopakumar, learned Government Pleader appearing for the official respondents. I have also considered the pleadings and the materials on record. The learned Government Pleader appearing for the official respondents submitted that a copy of the proceedings dated 15.11.2010 of the Regional Transport Authority, Thrissur was communicated to the grantee by post only on 18.12.2010, that thereupon the grantee produced the current records on 16.4.2011 and such production is within time. 4. Per contra, Sri.P.Deepak, learned counsel appearing for the petitioner in W.P.(C) No.19170 of 2011 submitted relying on Ext.P3 letter that a copy of the proceedings granting the permit was W.P.(C) Nos.19053 & 19170 of 2011 3 communicated to the applicant on 6.12.2011 and if that be the case, the production of current records is beyond the period of four months stipulated in rule 159 of the Kerala Motor Vehicles Rules. Sri.G.Prabhakaran, the learned counsel appearing for the petitioner in W.P.(C) No.19053 of 2011 made available to me the original of the communication issued to him from the Regional Transport Office, Thrissur. It shows that a copy of the proceedings of the Regional Transport Authority was sent by post from Ayyanthole on 18.12.2010. The last of the legible postal seal on the obverse of the proceedings bears the date 20.12.2010. Therefore, even assuming that the postal articles was delivered to the grantee on 20.12.2010, the period of four month's time stipulated in rule 159 of the Kerala Motor Vehicles Rule expired only on 19.4.2011. The petitioner in W.P.(C) No.19053 of 2011 produced the current records of the vehicle offered by him on 16.4.2011. Such production is in my opinion within the time limit of four months stipulated in rule 159 of the Kerala Motor Vehicles Rules. I accordingly hold that there is no merit in W.P.(C) No.19170 of 2011. W.P.(C) No.19170 of 2011 fails and it is dismissed. Consequently, I allow W.P.(C) No.19053 of 2011 and direct the Secretary, Regional Transport Authority, Thrissur to settle the timings and issue permit in W.P.(C) Nos.19053 & 19170 of 2011 4 implementation of Ext.P1 proceedings expeditiously and in any event within one month from the date on which the petitioner therein produces a certified copy of this judgment before him. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) Nos. 19053 & 19170 of 2011 JUDGMENT Dated:- 17th October, 2011 --------------------------------------