IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 11452 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- K.KRISHNAN, KILIVAYIL HOUSE, IRINGALLUR P.O., VENGARA, MALAPPURAM. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------------- 1. REGIONAL TRANSPORT AUTHORITY, VADAKARA, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN 673 101. 2. REGIONAL TRANSPORT AUTHORITY, MALAPPURAM REPRESENTED BY ITS SECRETARY, PIN 676505. 3. REGIONAL TRANSPORT AUTHORITY, THRISSUR REPRESENTED BY ITS SECRETARY, PIN 680 003. BY GOVT.PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 11452/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR RENEWAL OF PERMIT TO OPERATE ON THE ROUTE KAIVELI - KOZHIKODE - THRISSUR. P2: COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, VADAKARA IN ITEM NO.14 IN ITS MEETING HELD ON 06/10/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 11452 OF 2011 -------------------------- Dated this the 19th day of July, 2011 J U D G M E N T The petitioner was operating a stage carriage service on the route Kozhikode-Thrissur on the strength of a regular permit. The validity of the permit expired on 20.7.2009. The petitioner had before the expiry of the validity of the permit but after the time limit prescribed in sub section (2) of section 81 of the Motor Vehicles Act, submitted Ext.P1 application for renewal of the permit along with an application to condone the delay in filing the application. The Regional Transport Authority Vadakara, the primary authority considered the said application along with the application to condone the delay and thereafter resolved to seek the concurrence of the Regional Transport Authorities at Malappuram and Thrissur for taking a decision on the application for renewal. This writ petition is filed contending that though several months have passed thereafter, till date, the concurrence of the Regional Transport Authorities at Malappuram and Thrissur have not been obtained as a result of which the consideration of the petitioner’s application for renewal of the permit is kept pending. In this writ petition, the petitioner seeks a direction to the Regional Transport Authorities at Malappuram and Thrissur to take a decision on the grant of concurrence and a direction to the Regional Transport Authority, Vadakara to pass expeditious orders on the application for renewal of the permit. WPC No.11452/2011 2 2. When the writ petition came up for hearing today, Sri.P.M.Manoj, learned Government Pleader appearing for the respondent submitted on instructions that the Regional Transport Authority, Malappuram has already granted concurrence in the meeting held on 4.5.2010 and that the Regional Transport Authority, Thrissur is yet to consider the request made by the Regional Transport Authority, Vadakara for the grant of concurrence. He also submitted that the request for grant of concurrence is an item on the agenda of the meeting of the Regional Transport Authority, Thrissur scheduled to be held on 8.8.2011. 3. It is evident from the materials on record that more than one year and eight months have passed after the Regional Transport Authority, Vadakara sought the concurrence of the Regional Transport Authorities at Malappuram and Thrissur. The Regional Transport Authority, Malappuram granted concurrence in May 2010. More than one year has passed thereafter. In such circumstances, I am of the opinion that the Regional Transport Authority, Thrissur should take a decision in the matter of grant of concurrence sought by the Regional Transport Authority, Vadakara on the petitioner's application for renewal, in the meeting scheduled to be held on 8.8.2011 itself. I accordingly dispose of the writ petition with a direction to the Regional Transport Authority, Thrissur to consider the request made by the WPC No.11452/2011 3 Regional Transport Authority, Vadakara for grant of concurrence for the purpose of renewal of the petitioner's stage carriage permit and take an appropriate decision thereon on 8.8.2011 itself. The Regional Transport Authority shall thereafter communicate its decision to the Regional Transport Authority, Vadakara expeditiously. The Regional Transport Authority, Vadakara shall thereupon consider the petitioner’s application for renewal of the permit and pass orders thereon within one month from the date of receipt of the decision of the Regional Transport Authority, Thrissur. Needless to say, in the event of the renewal being granted, the necessary endorsement shall be made without driving the petitioner to another round of litigation in this Court, within one week from the date of grant. P.N.RAVINDRAN, (JUDGE) vps