IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24091 of 2008(R) ---------------------------------------- PETITIONER: --------------------- S.VENKITACHALAM, SREE RAM HOUSE, JAYAPRAKASH LANE,, POONKUNNAM THRISSUR, REPRESENTED BY POWER OF ATTORNEY, R.MOHANKUMAR, KARTHIKA, MANGAT LANE, POONKUNNAM, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. 2. THE SECRETARY, RTA., KOZHIKODE. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24091/2008 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE PROCEEDINGS DTD. 27/03/2008. EXT.P3: COPY OF THE PROCEEDINGS DTD. 23/08/2006. EXT.P4: COPY OF THE PROCEEDINGS DTD. 18/01/2007. EXT.P5: COPY OF THE PERMIT DTD. 21/12/2007. EXT.P6: COPY OF THE PERMIT DTD. 17/07/2008. EXT.P7: COPY OF THE APPLICATION DTD. 14/07/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24091OF 2008 R = = = = = = = = = = = = = = = = = Dated this the 13th day of August 2008 J U D G M E N T Delay in considering Ext. P7, an application for a temporary permit submitted by the petitioner under Section 87(1)(d) of the Motor Vehicles Act, is complained of in this writ petition. 2. According to the petitioner, his regular permit expired on 2.1.2007. Thereupon he has filed an application for its renewal and the application has not been considered so far. In the meantime, he was operating on the strength of temporary permits, the last of which, expired on 8.8.2008. It is stated that prior to the expiry of the temporary permit he had submitted Ext. P7 for a fresh temporary permit, but then orders are not passed. As a result thereof, he is not in a position, to ply the vehicle in view of the delay on the part of the respondents in passing orders on Ext. P7. 3. As is seen from Ext. P7 the request made by the petitioner is for a temporary permit for 4 months and this application is dated W.P.(C) No. 24091 OF 2008 -2- 14.7.2008. If that be so, the 2nd respondent ought to have in fairness, passed orders on Ext. P7 at least prior to 8.8.2008. This having not been done, the 2nd respondent shall take up and consider Ext. P7 and pass orders thereon as expeditiously as possible, at any rate within 2 weeks of production of a copy of this judgment. 4. Taking into account the fact that the petitioner has been operating on the route since the expiry of the regular permit from 2.1.2007 I direct that until orders are passed on Ext. P7, petitioner will be permitted to ply the vehicle as before. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-