IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 14757 of 2008(F) ----------------------------------------- PETITIONER: -------------------- K.E.AHAMMEDKUTTY, KOZHITHODI ERANTHODI HOUSE, P.O.NELLIKUTHU, MANJERI. BY ADV. SRI.I.DINESH MENON RESPONDENTS: -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. *ADDL.R3 IS IMPLEADED: R3. LAWRENCE BABU, GENERAL SECRETARY, THE KERALA STATE PRIVATE BUS OPERATORS FEDERATION, MACHINGAL LANE, THRISSUR. (*ADDL.R3 IS IMPLEADED AS PER ORDER DTD. 26/05/2008 IN I.A.NO.6309/08) BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR- R1 & R2 BY ADV. SRI.P.DEEPAK - ADDL.R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14757/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TEMPORARY PERMIT VALID TILL 10/05/2008. EXT.P2: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 6/05/2008. EXT.P3: EXTRACT OF THE DECISION OF THE RTA DTD.23/04/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 14757 OF 2008 F = = = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T Petitioner submits that he is operating his vehicle on the strength of substitute temporary permit which was valid till 10.5.2008. According to the petitioner as the temporary permit expired he submitted Ext. P2 dated 6.5.2008 for issue of a fresh temporary permit. Orders were not passed on Ext. P2 and the petitioner submits that this inaction on the part of the Secretary is for the reason that Ext. P3 order has been issued by the 1st respondent. 2. Counsel contends that clauses 3 and 5 of Ext. P3 are contradictory. While clause 3 provides that either RTA or the Secretary shall consider applications for regular permit, clause 5 provides that applications received for the grant of substitute temporary permit will be placed before the RTA. Though apparently there is substance in the submission of the learned counsel, it is W.P.(C) No. 14757 OF 2008 -2- now pointed out by the learned Govt. Pleader that there is a general decision taken by the RTA that all applications submitted will be considered by the RTA only. 3. True that under Rule 133(1)(j) of the Kerala Motor Vehicles Rules, passing orders on application for temporary permit, is also a power which can be delegated to the Secretary. However, it is always open to the RTA to assume that power. In this case by the aforesaid decision that is what has been done and the validity of such a decision is not under challenge. Now since the RTA has assumed the power it may not be proper for this Court to direct the Secretary to pass orders on the application. 4. In view of this, it is directed that the Regional Transport Authority shall pass orders on Ext. P2 as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment, if necessary by circulating papers under Rule 130. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-