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. 12313 of 2008(N) ---------------------------------------- PETITIONER: -------------------- A.S.MOHAMMED YUSUF, S/O.ABDUL KAREEM, BATTERY COMPOUND, PERVADE P.O., KUMBLA, KASARAGOD. BY ADV. SRI.A.INEES RESPONDENTS: ------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD. 2. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD, REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI. K.V. MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12313/2008 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PRESENT TEMPORARY PERMIT ISSUED TO THE PETITIONER'S STAGE CARRIAGE KL-13/H-3484 VALID TILL 15/04/2008. EXT.P2: COPY OF THE JUDGMENT IN W.A.NO.2056/03 DTD. 21/10/2004. EXT.P3: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 17/07/2007 IN ITEM NO.74. EXT.P4: COPY OF THE JUDGMENT IN WP9C) NO.26147/07 DTD. 6/12/2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 12313 OF 2008 N = = = = = = = = = = = = = = = = = Dated this the 26th June 2008 J U D G M E N T Petitioner submits that his application for renewal of regular permit was not considered on the ground that he has not complied with the directions of the RTA requiring replacement of the vehicle with a later model medium motor vehicle. Petitioner contends that by Ext. P2 judgment of this Court this very issue is directed to be considered as a general issue by the Government and the matter is pending consideration of the Government and a decision is still awaited. It is submitted that in similar cases, taking note of the pendency of the matter with the Government, this Court has directed renewal of the permits without insisting on compliance with the direction of the RTA. Learned counsel is referring to Ext. P4 judgment in support of this contention. 2. I find force in the submission made by the learned counsel for the petitioner. In view of the pendency of the matter before the W.P.(C) No. 12313 OF 2008 -2- Government pursuant to the direction of this Court in the judgment in W.A. No. 2056 of 2003, I dispose of this writ petition itself directing that the RTA shall consider the renewal application made by the petitioner, without insisting on compliance with the direction requiring the petitioner to replace his vehicle with a later model medium motor vehicle. In other words for want of replacement as above, renewal application shall not be rejected. However, it is clarified that once the Government renders its decision pursuant to the direction of this Court, continued operation of the vehicle will depend upon the compliance with the government decision. ANTONY DOMINIC JUDGE jan/-