IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 2866 of 2011(G) ------------------------------------- PETITIONER: ------------------- SHIBU.A.M., ADIVAKKAL HOUSE, PALLOM P.O., KOTTAYAM. BY ADV. SRI.M.JITHESH MENON. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686 002. 2. THE SECRETARY, R.T.A., KOTTAYAM-686 002. *ADDL. R3 IMPLEADED: 3. NALINI, W/O. VISWANATHAN, SRAMBICHIRA HOUSE, CHOOLABHAGOM, KUMARAKOM, KOTTAYAM. *IS IMPLEADED AS ADDITIONAL RESPONDENT NO.3. AS PER ORDER DTD. 03/02/2011 IN I.A. 1762/11. R1 & R2 BY GOVT. PLEADER SRI. M.A. ASIF, ADDL.R3 BY ADV. SRI.I.DINESH MENON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2866/2011-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REGULAR PERMIT OF KL-6 8532. EXT.P.2: COPY OF THE TEMPORARY PERMITS ISSUED TO THE PETITIONER IN PLACE OF KL-6 8532. EXT.P.3: COPY OF THE TEMPORARY PERMIT VALID TILL 30/01/2011. EXT.P.4: COPY OF THE PROCEEDINGS DTD. 23/12/2010. EXT.P.5: COPY OF THE TEMPORARY PERMIT APPLICATION DTD. 21/01/2011 WITH CHALAN RECEIPT. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE PERMIT ISSUED TO THE PETITIONER. EXT.R3.B: COPY OF THE TIME SCHEDULE ISSUED TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.2866 of 2011 ------------------------------- Dated this the 11th day of February, 2011 J U D G M E N T The petitioner is a stage carriage operator. Till recently he was operating a stage carriage on the route Colony – Kottayam on the strength of a substitute temporary permits in the vacancy of stage carriage bearing registration No.KL-6 8532. The last of the temporary permits was valid till 30.1.2011. Before the validity of the temporary permit was to expire, he applied for renewal thereof and also for a regular permit. Both the applications were rejected by the Regional Transport Authority, Kottayam by Ext.P4 order dated 23.1.2010 on the ground that a portion of the route 7.2 Kms. in length overlaps a nationalised route on the Kottayam-Punalur sector. The petitioner thereafter applied for a temporary permit under the proviso to section 104 of the Motor Vehicles Act by submitting Ext.P5 application dated 21.1.2011 stating that even though a portion of the route is a nationalised route, as the Kerala State Road Transport Corporation is not operating a service on that sector, he is entitled to a temporary permit, in terms of the said proviso. The grievance voiced by the petitioner in this writ petition is that the respondents are not considering Ext.P5 petition on the ground that his earlier application W.P(C) No.2866 of 2011 was rejected by Ext.P4. In this writ petition, the petitioner seeks a direction to the respondents to pass orders on Ext.P5 application within a time limit to be fixed by this Court. 2. Sri.M.A.Asif, the learned Government Pleader appearing for respondents 1 and 2 on instructions submitted that the Regional Transport Authority, Kottayam will consider Ext.P5 application at its meeting scheduled to be held on 19.2.2011 having regard to the provisions contained in the proviso to section 104 of the Motor Vehicles Act and take an appropriate decision thereon. In view of the fact that the petitioner was earlier operating the service and prior to him, the owner of the stage carriage bearing registration No.KL-6 8532 was operating on the route with a regular permit, I find no merit in the objection raised by the additional third respondent that Ext.P5 application is not liable to be considered. I accordingly dispose of the writ petition with a direction to the first respondent to consider Ext.P5 application in the light of the proviso to section 104 of the Motor Vehicles Act and take an appropriate decision thereon, at its meeting scheduled to be held on 19.2.2011 and pass orders thereon expeditiously and in any event within one month from today. P.N. RAVINDRAN, JUDGE. nj.