IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 7661 of 2011(G) ------------------------- PETITIONER(S): --------------- ASHA GOPINATH, TC 27/1882, (26/1014), PULLANI HOUSE, RISHI MANGALAM, VANCHIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN: 695 039. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM PIN: 695 039. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7661 of 2011 ----------------------------------------- Dated this the 11th March, 2011 JUDGMENT The petitioner is a stage carriage operator operating a stage carriage on the route Kudappanakunnu – Valiyathura. The permit was issued on 2.12.1995 and it was valid till 1.12.2010. Ext.P1 is a copy thereof. The petitioner had, before the expiry of the permit, submitted Ext.P2 application dated 23.10.2009 to the first respondent herein for renewal of the said permit. The grievance voiced by the petitioner is that till date orders have not been passed on the said application. The petitioner further submits that he is operating the stage carriage on the strength of temporary permits issued under section 87(1)(d) of the Motor Vehicles Act. In this writ petition the petitioner seeks a direction to the respondents to pass orders on Ext.P2 application within a time limit to be fixed by this Court. 2. Sri.M.A.Asif, Learned Government Pleader appearing for the respondents, submitted on instructions that the vehicle mentioned in Ext.P1 permit cannot now be put on the road as it is W.P(C).No.7661 of 2011 -:2:- more than 15 years old and that was the reason why orders were not passed on Ext.P2 application. Sri.K.V.Gopinathan Nair, learned counsel appearing for the petitioner submitted that the petitioner will offer a later model vehicle as soon as the permit is renewed and also produce the current records within the time stipulated in rule 159 of the Motor Vehicles Rules. In such circumstances I am of the opinion that the reason put forward by the learned Government Pleader cannot stand in the way of the first respondent considering Ext.P2 application. I accordingly dispose of the writ petition with a direction to the first respondent to take up Ext.P2 petition and pass orders thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the Secretary, Regional Transport Authority, Thiruvananthapuram. The Regional Transport Authority shall renew the permit if there is no impediment for such renewal. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.7661 of 2011 ---------------------------- JUDGMENT 11th March, 2011