IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 22145 of 2011(P) ------------------------------------ PETITIONER(S): ----------------------- R.MOHANKUMAR, 23/100, "VINAYAKA", S.K.V. COLLEGE ROAD, KANATTUKARA.P.O., THRISSUR. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA REPRESENTED BY ITS SECRETARY, PIN-673 101. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VATAKARA, PIN-673 101. R1 AND R2 BY GOVT. PLEADER ADV. SRI. P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 22145 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGULAR PERMIT HOLDING BY THE PETITIONER ON THE ROUTE THRISSUR-KOZHIKODE-KANNUR VALID TILL 27.04.2010 P2: COPY OF THE RENEWAL APPLICATION SUBMITTED BY THE PETITIONER DATED 11.03.2010 P3: COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, KANNUR DATED 30-11-2010 GRANTING CONCURRENCE P4: COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM DATED 22-02-2011 GRANTING CONCURRENCE P5: COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR DATED 13.09-2010 GRANTING CONCURRENCE P6: COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12-07-2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22145 OF 2011 -------------------------- Dated this the 20th day of September, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Thrissur-Kozhikode-Kannur on the strength of a regular permit. The permit was valid till 27.4.2010. Within the stipulated time, the petitioner applied for renewal of the permit by submitting Ext.P2 application dated 11.3.2010. This writ petition is filed contending that though the concurrence of the Regional Transport Authorities at Kannur, Malappuram and Thrissur have been obtained, the Regional Transport Authority, Vatakara, the primary authority has not yet considered the application for renewal. In this writ petition, the petitioner seeks a direction to the first respondent to consider Ext.P2 application for renewal in the light of the concurrence granted by the sister Regional Transport Authorities and pass appropriate orders thereon within a time limit to be fixed by this Court. The petitioner also seeks a direction to the first respondent to allow Ext.P6 application for change of the class of service into a super fast service having regard to the relevant statutory provisions. WPC No.22145/2011 2 2. When the writ petition came up for hearing today, Sri.P.M.Manoj, learned Government Pleader appearing for the respondents submitted that the first respondent will consider Ext.P2 application for renewal of the permit and Ext.P6 application for change of classification of the service expeditiously. In such circumstances, having regard to the fact that more than one year and six months have passed after the application for renewal of the permit was submitted by the petitioner and the sister Regional Transport Authorities have already granted concurrence, I dispose of the writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P2 application for renewal of the stage carriage permit and take an appropriate decision thereon in accordance with law expeditiously and in any event within an outer limit of two months from the date of production of a certified copy of this judgment. Simultaneously, the first respondent shall also consider the request made by the petitioner in Ext.P6 application for change of the class of the service having regard to the age of WPC No.22145/2011 3 the vehicle and the distance covered by the route. Until such time as orders are passed on Ext.P2 application, the first respondent shall periodically issue temporary permits of 20 days duration so as to enable the petitioner to operate the service on the route, if applied for. P.N.RAVINDRAN, (JUDGE) vps