IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24521 of 2011(M) -------------------------- PETITIONER(S): --------------- C.MADHUSOODHANAN, ANAVANKOTTA HOUSE, AKATHETHARA P.O., PALAKKAD. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD- 678001. BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SU WPC.NO.24521/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION FOR REGULAR PERMIT SUBMITTED BY THE PETITIONER. P2: COPY OF THE DECISION OF THE REGIONAL TRANSPORT AUTHORITY RTA DATED 30/06/2011. P3: COPY OF THE COVERING LETTER DATED 05/08/2011 ISSUED BY THE PETITIONER. P4: COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 29/08/2011. RESPONDENT'S EXHIBITS: NIL. /TRUE COPY/ P.A. TO JUDGE SU P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 24521 OF 2011 -------------------------- Dated this the 20th day of September, 2011 J U D G M E N T The petitioner applied for the grant of a fresh stage carriage permit to operate a stage carriage on the route Edathara Kumar- Palakkad Town Bus Stand. Initially the application was rejected. The petitioner thereupon moved the State Transport Appellate Tribunal by filing M.V.A.A. No.382 of 2010. That appeal was allowed by judgment delivered on 1.3.2011. Another operator thereupon filed W.P.(C) No. 11703 of 2011 in this Court. That writ petition was admitted and notice ordered to the respondents therein. The Regional Transport Authority, Palakkad that met on 30.6.2011 resolved to grant the permit subject to settlement of timings and disposal of W.P.(C) No. 11703 of 2011 on the file of this Court. This writ petition is filed contending that though pursuant to Ext.P2 proceedings the current records of stage carriage bearing registration No.KL 9/J 8812 were produced on 5.8.2011 within the period of 30 days from the date of communication of Ext.P2 proceedings, till date, the permit has not been issued after settling the time schedule. In this writ petition, the petitioner seeks a WPC No.24521/2011 2 direction to the respondent to issue the permit after settling the timings in implementation of Ext.P2 proceedings within a time limit to be fixed by this Court. 2. The respondent has been served and has entered appearance through the learned Government Pleader. The learned Government Pleader submitted on instructions that as the petitioner had produced the current records of the vehicle referred to in Ext.P3 within the statutorily prescribed period of 30 days, the Secretary, Regional Transport Authority, Palakkad will settle the timings and issue the permit in implementation of Ext.P2 proceedings expeditiously. The learned Government Pleader also submitted that in view of the pendency of W.P.(C) No. 11703 of 2011, appropriate clarifications may be issued regarding the issue of the permit. 3. It is not in dispute that this Court has not in W.P.(C) No. 11703 of 2011 chosen to stay the operation of Ext.P2 or the judgment of the State Transport Appellate Authority. Therefore as matters now stand, there is no impediment for the issue of the permit. Needless to say, in the event of W.P.(C) No. 11703 of 2011 being allowed, the rights of parties will be governed by the said decision. I therefore dispose of the writ petition with a direction to the WPC No.24521/2011 3 respondent to settle the timings and issue the permit in implementation of Ext.P2 proceedings expeditiously and in any event within one month from the date of production of a certified copy of this judgment. Needless to say, the respondent shall stipulate in the permit that it is being issued subject to the outcome of W.P.(C) No. 11703 of 2011. P.N.RAVINDRAN, (JUDGE) vps