IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 28789 of 2009(P) --------------------------------------- PETITIONER: ------------------- C.B.SURESHKUMAR, CHILANGALIYATH HOUSE VIYYOOR POST, THRISSUR. BY ADV. SRI.I.DINESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KANNUR. 3. E.R.GOPALAKRISHNAN, ELATHUPARAMBA, P.O.CHAKKAMKANDAM, THAIKAD, CHAVAKKAD. R1 & R2 BY GOVERNMENT PLEADER SRI. K. SANILKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28789/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ENDORSEMENT IN THE PERMIT OF THE PETITIONER. EXT.P.2: COPY OF THE R.C. BOOK OF KL-8 AB 2094. EXT.P.3: COPY OF THE REPRESENTATION DTD. 30/09/2009. EXT.P.4: COPY OF THE JUDGMENT IN W.P.(C).NO.24499/2009 DTD. 26/08/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.28789 Of 2009 ----------------------------------------------------- DATED THIS THE 14th DAY OF OCTOBER, 2010 J U D G M E N T The main prayer in the Writ Petition is for a direction to the Secretary, Regional Transport Authority, Kannur not to grant further temporary permit on the route Kasaragod-Guruvayur as Limited Stop Fast Passenger service in respect of stage carriage KL-8B 2094. It is owned by the 2nd respondent. According to the petitioner the vehicles has attained 5 years of age on 13.8.2009 and the same has not been replaced. 2. On behalf of the 2nd respondent, a counter affidavit has been filed. It is pointed out that the vehicle was registered on 12.8.2004 and had completed five years on 11.8.2009 and after 11.8.2009, no temporary permit under Section 87(1)(d) was issued to the vehicle and it is not conducting service. Now the vehicle is under stoppage. The permit holder requested time for replacing the vehicle by a later model vehicle. It is pointed out that the timing conference fixed on 16.10.2009 was for the variation and the same was postponed also. Further, it is pointed out that the renewal of permit is for want of confirmation from W.P.(C)No. 28789/09 -2- sister RTAs under Section 87(1)9d) before attaining the age of five years and no temporary permit under Section 87(1)9d) was issued after the expiry of five years. In the light of the above position, no further orders are called for in the Writ Petition and the Writ Petition is hence disposed of in the light of the averments in the counter affidavit filed by the 2nd respondent. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. dsn