IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20429 of 2010(C) ---------------------------------------- PETITIONER(S): ------------------------ M.K. ABDULLA, MANIYANKUNNAM HOUSE, CHELAKKAD POST, PULAMANTHOLE, MALAPPURAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. R1 & R2 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:20429 OF 2010 C ----------------------------------------------------------- Dated this the 1st July, 2010. JUDGMENT Petitioner is the registered owner of a stage carriage vehicle bearing registration No: KL-9P 8969. The petitioner was conducting services on the route Chittur-Kozhikode as a limited stop fast passenger ('LSFP' for short). The regular permit of the petitioner expired on 22/12/2008. Though the petitioner had submitted an application for the renewal of his permit within the prescribed time, the same is kept pending for the reason that concurrence from the sister authorities have not been obtained. Therefore, the petitioner has been conducting services on the strength of temporary permits under Section 87(1)(d) of the Motor Vehicles Act, 1988. The petitioner has submitted an application for the re-issue of his temporary permit on 5/3/2010 after paying the requisite fees. He has also submitted Ext.P4 request for the grant of some time for the replacement of his vehicle which has completed five years in the meantime. According to the petitioner his renewal application is boarded for consideration on 6/7/2010. The petitioner apprehends that his request Ext.P4, would not be considered on the said date. The petitioner therefore seeks a direction to the first respondent WPC 20429/2010 2 for the consideration of Ext.P4 also while considering his application for the re-issue of his temporary permit as well as his application for the renewal of his regular permit. 2. The learned senior Govt. Pleader submits that a direction to consider Ext.P4 would give a wrong indication to the authority that the direction is to grant the request. Therefore, without expressing any opinion on the question as to whether Ext.P4 is to be granted or not, this writ petition is disposed of directing the first respondent to consider Ext.P4 request in accordance with law and to pass appropriate orders thereon on 6/7/2010 while considering the other applications submitted by the petitioner. K. SURENDRA MOHAN Judge jj WPC 20429/2010 3