IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 30927 of 2011(M) ---------------------------------- PETITIONER(S): ------------------- SURESH, MILL HOUSE, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.G.PRABHAKARAN SMT.R.PADMAKUMARI RESPONDENT(S): --------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER, ALAPPUZHA-688001. BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 30927/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PERMIT DATED 13-9-2010. P2: COPY OF THE APPLICATION DATED 5-11-2011. P3: COPY OF THE CHALLAN RECEIPT DATED 5-11-2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 30927 of 2011 ----------------------------------------------- Dated this the 28th day of November, 2011 JUDGMENT The petitioner appli 7ed for a 20 days temporary permit to operate a stage carriage on the route Kanichukulangara - Eramalloor in the vacancy of stage carriage bearing registration No.KL4/B 7353. The said application was granted and Ext.P1 temporary permit of 20 days duration, valid for the period from 13.9.2011 to 2.10.2011, was issued. After the said permit expired, the petitioner submitted Ext.P2 application dated 5.11.2011 for the reissue of a temporary permit of four months duration in the vacancy of stage carriage bearing registration No.KL4/B 7353. The requisite fee was also remitted on 15.11.2011. This writ petition is filed contending that though there is vacancy and consequently a temporary need, the respondent declined to consider Ext.P2 application. In this writ petition the petitioner seeks a direction to the respondent to take up Ext.P2 application and issue a temporary permit of four months duration and to reissue the same so as to enable the petitioner to operate the stage carriage service on the route WP(C)No. 30927 of 2011 -2- Kanichukulangara - Eramalloor in the vacancy of stage carriage bearing registration No. KL4/B 7353. 2. When the writ petition came up for hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the respondent submitted on instructions that a vacancy exists and therefore the respondent can issue temporary permit of four months duration on the petitioner apply for the same. The learned Government Pleader also submitted that the Regional Transport Authority alone can grant a temporary permit of four months period and therefore the writ petition may be disposed of with a direction to the petitioner to submit an application for 20 days temporary permit before the respondent and a direction to the respondent to pass appropriate orders thereon. 3. It is evident from the pleadings and the submissions made at the Bar that there is a vacancy of a stage carriage on the route Kanichukulangara - Eramalloor. It is also not in dispute that in that vacancy a temporary permit of 20 days duration was issued to the petitioner. In such circumstances as the vacancy exists, I am of the opinion that respondent should issue 20 days temporary permits as and when applied for by the WP(C)No. 30927 of 2011 -3- petitioner. The first of such temporary permits shall be issued by passing appropriate orders on Ext.P2 application within one week from the date of production of copy of the judgment. The respondent shall so long as the vacancy of stage carriage bearing registration No. KL4/B 7353 to exists, issue temporary permits of 20 days duration on the petitioner applying for the same. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge