IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 17046 of 2011(E) -------------------------- PETITIONER(S): --------------- NINAN P.THOMAS, AGED 53 YEARS, S/O.P.N.THOMAS, PUTHENPURAYIL, NEDUMON P.O., EZHAMKULAM, ADOOR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA-689645. BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 17046/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF RTA, PATHANAMTHITTA DATED 25.5.2011 EXT.P2 : COPY OF THE REGULAR PERMIT ISSUED TO KL-25/4226 VALID TILL 6.3.2015 EXT.P3 : COPY OF THE CERTIFICATE OF REGISTRATION OF KL-03/J 6748 EXT.P4 : COPY OF THE REPRESENTATION DATED 18.6.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17046 OF 2011 -------------------------- Dated this the 2nd day of September, 2011 J U D G M E N T The petitioner applied for a fresh stage carriage permit to operate his stage carriage on the route Adoor-Pathanapuram. In that application he had offered to operate service using the stage carriage bearing registration No.KL 25/4226 or a suitable vehicle. Though the Kerala State Road Transport Corporation objected to the grant of the permit, over ruling that objection by Ext.P1 proceedings dated 25.5.2011 the Regional Transport Authority, Pathanamthitta granted the permit applied for subject to settlement of timings. By that order, the petitioner was directed to produce the current records of the vehicle within 30 days. A copy of Ext.P1 was sent to the petitioner on 14.6.2011 and he produced along with Ext.P4 representation dated 18.6.2011, the current records of the stage carriage bearing registration No.KL-03/J 6748. In that representation he also prayed for the issuance of the permit granted by Ext.P1 proceedings. This writ petition is filed contending that the respondent has declined to issue the permit on the ground that the petitioner should have produced the current records of the WPC No.17046/2011 2 stage carriage specified in the application. Relying on the decision of this Court in Vinod Thomas v. Regional Transport Authority, Kottayam (1999 (2) KLJ 1092) it is contended that the grantee can offer a suitable vehicle other than the one specified in the application and get the permit issued for the said vehicle. 2. By Ext.P1 proceedings dated 25.5.2011 the Regional Transport Authority directed the permit to be issued in respect of the stage carriage bearing registration No.KL-25/4226 or “a suitable vehicle”. The petitioner was also directed to produce the current records of the vehicle meaning thereby of the vehicle bearing registration No.KL-25/4226 or a suitable vehicle. For the reason that the vehicle initially offered by the petitioner bearing registration No.KL-25/4226 was operating as a stage carriage on the route Adoor-Pathanapuram and was unavailable, the petitioner produced the current records of the vehicle bearing registration No.KL-03/J 6748 along with Ext.P4 representation dated 18.6.2011 within four days from the date of communication of Ext.P1. Thus the petitioner had produced the WPC No.17046/2011 3 current records of another vehicle within the stipulated period of 30 days. Such being the situation, the respondent was bound to issue the permit if the vehicle offered by the petitioner was suitable. The respondent has no case that the vehicle offered by the petitioner is not suitable and therefore the permit was not issued. I accordingly dispose of the writ petition with a direction to the respondent to issue the permit in implementation of Ext.P1 proceedings of the Regional Transport Authority in respect of the stage carriage bearing registration No.KL-03/J 6748 (described in Ext.P3) expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. Needless to say, the time schedule shall also be settled within the said period after notice to the petitioner and the other stage carriage operators operating on the route/sectors thereof. P.N.RAVINDRAN, (JUDGE) vps