IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 11090 of 2011(I) -------------------------- PETITIONER(S): --------------- RENJU, AGED 33 YEARS, S/O. K.APPUKUTTAN, RAJ BHAVAN, VAZHAMUTTAM EAST P.O., PATHANAMTHITTA. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA-689 001. 2. THE REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA-689 001. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 11090 of 2011 ------------------------------- Dated this the 6th day of April, 2011 J U D G M E N T The petitioner applied for a regular stage carriage permit to operate a stage carriage on the route Pathanamthitta – V Kottayam in the vacancy of stage carriage bearing registration No.KL-04/M 9801 by submitting the original of Ext.P1 application dated 24.2.2011. Along with the said application, the petitioner also applied for a termporary permit pending disposal of the application for regular permit. By Ext.P2 order passed on 25.2.2011, the Secretary, Regional Transport Authority, Pathanamthitta directed grant of a temporary permit to the petitioner. Ext.P3 temporary permit was thereupon issued for the period from 26.2.2011 to 17.3.2011. Thereafter, Ext.P4 temporary permit was re-issued for the period from 18.3.2011 to 7.4.2011. The petitioner had even before the expiry of the said temporary permit submitted Ext.P5 application dated 28.3.2011 seeking re-issue of a temporary permit for a further period of 20 days. This writ petition was filed contending that notwithstanding the existence of a vacancy, the second respondent is not taking steps to re-issue the temporary permit W.P.(C) No.11090 of 2011 2 or pass orders on the application for grant of regular permit. In this writ petition, the petitioner seeks a direction to the respondents to consider Ext.P1 application for regular permit and pass orders thereon within a time limit to be fixed by this Court and to re-issue temporary permits until such time as orders are passed on Ext.P1 application. 2. When the writ petition came up for admission- hearing today, the learned counsel for the petitioner submitted that temporary permit has been re-issued on Ext.P5 application yesterday itself, and therefore, the writ petition may be disposed of with a direction to the second respondent to consider Ext.P1 application for regular permit and pass appropriate orders threon within a time limit to be fixed by this Court and a further direction to re-issue temporary permit of 20 days duration, till such time as orders are passed on Ext.P1 application. 3. Heard the learned counsel on both sides. The materials on record disclose that in the vacancy of stage carriage bearing registration No.KL-04/M 9801, the petitioner has applied W.P.(C) No.11090 of 2011 3 for the grant of a fresh regular permit to operate a stage carriage on the route Pathanamthitta – V Kottayam and that the said application is pending. It is also evident that pending disposal of the said application, the first respondent has been issuing temporary permit of 20 days duration to the petitioner and he has been operating the service from 26.2.2011 onwards. In such circumstances, I am of the opinion that the Regional Transport Authority should consider the petitioner’s application, for the grant of a regular stage carriage permit and pass appropriate orders thereon expeditiously and should also re- issue temporary permits of 20 days duration until such time as orders are passed thereon. I accordingly dispose of the writ petition with a direction to the competent authority among the respondents to re-issue the temporary permits of 20 days duration, on the petitioner applying for the same, so long as the vacancy of stage carriage bearing registration No. KL-04/M 9801 exists or till a regular permit is issued in that vacancy. The respondents shall W.P.(C) No.11090 of 2011 4 also take steps to dispose of Ext.P1 application for regular permit expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the respondents. In the event of the application being allowed and the permit being granted, it shall be issued with a set of timings which was originally allotted to KL-04/M 9801 within one week from the date of grant. P.N. RAVINDRAN, JUDGE. nj.