IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 26919 of 2011(L) ------------------------------------ PETITIONER(S): ---------------------- CHANDRASEKHARAN, S/O.KELU, AGED 42 YEARS, CHAKKUNNAM HOUSE, MATHUR POST, ALATHUR, PALAKKAD. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY - 678001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678001. BY GOVT. PLEADER SRI.MANOJ.P.KUNJACHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 26919 of 2011(L) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED 17/01/2011. EXHIBIT P2- TRUE COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY DATED 21/02/2011. EXHIBIT P3- TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY DATED 29/07/2011. EXHIBIT P4- TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.24291 DATED 6/09/2011 OF THIS HON'BLE COURT. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26919 OF 2011 -------------------------- Dated this the 11th day of November, 2011 J U D G M E N T The petitioner applied for a fresh regular stage carriage permit to operate a stage carriage on the route Coyalmannam- Kongad. The Regional Transport Authority, Palakkad that met on 21.2.2011 resolved to grant the permit subject to settlement of timings as can be seen from Ext.P2 proceedings. A copy of Ext.P2 was communicated to the petitioner on 2.4.2011. The petitioner did not produce the current records within 30 days from that day. He produced the current records only on 13.6.2011. On the ground that the current records of the vehicle were not produced within 30 days and though the current records were produced on 13.6.2011, after the said period, no application was filed to condone the delay in producing the current records, the Regional Transport Authority that met on 29.7.2011 declined to take a decision on the application for settlement of timings and issue the permit and consequently it adjourned the application. Hence this writ petition challenging the said decision, a copy of which is WPC No.26919/2011 2 produced as Ext.P3 and seeking the following reliefs: “(i) Call for the records leading to Ext.P3 and quash the same by issuing a writ of certiorari. (ii) Issue a writ of mandamus or other appropriate writ, order or direction to the 2nd respondent to issue the regular permit granted as Ext.P2 decision to the petitioner's stage carriage No.KL 10/L 162 without any delay by allotting the provisional set of timings. (iii) Declare that the action of the 2nd respondent in placing the matter to the 1st respondent and the consequential decision taken by the 1st respondent are illegal, arbitrary and without any justification.” 2. The respondents have been served and they have entered appearance through the learned Government Pleader. The learned Government Pleader submitted that after Ext.P3 order was passed, an application to condone the delay in producing the current records was submitted on 23.8.2011 and therefore the Regional Transport Authority will consider the said application along with the request dated 13.6.2011 submitted by the petitioner in the next meeting of the Regional Transport Authority and take an appropriate decision thereon. In the light of the fact that the petitioner has already filed an application to condone the delay in producing the current records, I am of the WPC No.26919/2011 3 opinion that the Regional Transport Authority should consider the application submitted by the petitioner to condone the delay in producing the current records by circulation and pass orders thereon. I accordingly dispose of the writ petition with a direction to the first respondent to pass orders on the application dated 23.8.2011 filed by the petitioner to condone the delay in producing the current records expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before the Secretary, Regional Transport Authority, Palakkad. The Secretary, Regional Transport Authority shall depending on the decision taken by the Regional Transport Authority on the application dated 23.8.2011, settle the timings and issue the permit within one month from the date on which a decision is taken on the application to condone the delay in producing the current records. P.N.RAVINDRAN, (JUDGE) vps WPC No.26919/2011 4