IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 28250 of 2011(E) --------------------- PETITIONER : --------------------- ABDUL NAZAR, PARAKKOT HOUSE, P.O.VATTAMANNAPPURAM, EDATHANATTUKARA, MANNARKAD, PALAKKAD DISTRICT. BY ADVS. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD, REPRESENTED BY ITS SECRETARY, PIN-678 001. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, PIN-678 001. R1 & R2 BY GOVT. PLEADER SRI. G. GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28250 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REGULAR PERMIT HOLDING BY THE PETITIONER ON THE ROUTE EDATHANATTUKARA – ANAKKATTY – PALAKKAD VALID UP TO 27.2.2012. EXT.P2 TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF STAGE CARRIAGE KL-09/Q 1783. EXT.P3 TRUE COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF STAGE CARRIAGE KL-58/1112. EXT.P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR REPLACEMENT OF THE VEHICLE DATED 11.10.2011. EXT.P5 TRUE COPY OF THE CHALAN RECEIPT DATED 11.10.2011 EVIDENCING PAYMENT OF FEE. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 28250 of 2011 ----------------------------------------------- Dated this the 10th day of November, 2011 JUDGMENT The petitioner is a stage carriage operator, operating a stage carriage service on the route Edathanattukara - Anakkatty - Palakkad on the strength of Ext.P1 regular permit. The petitioner is presently operating the service with stage carriage bearing registration No.KL-9/Q 1783, a 2004 model vehicle with a seating capacity of 38 passengers. The petitioner is the owner of a yet another stage carriage bearing registration No.KL- 58/1112, a 2006 model vehicle with a seating capacity of 48 passengers. With a view to replace the existing stage carriage with the later model vehicle namely stage carriage bearing registration No.KL-58/1112 the petitioner has submitted Ext.P4 application dated 11.10.2011 before the respondent. This writ petition is filed seeking a direction to the respondent to grant the replacement sought, by allowing Ext.P4 application within a time limit to be stipulated by this Court. 2. When the writ petition came up for hearing today, Sri.G.Gopakumar, learned Government Pleader appearing for WP(C)No.28250 of 2011 -2- respondents submitted on instructions that the later model vehicle offered by the petitioner differs in material respects from the existing vehicle and therefore the application can be considered only by the Regional Transport Authority. The learned Government Pleader also submitted that the Regional Transport Authority, Palakkad will consider Ext.P4 application at its next meeting and take an appropriate decision thereon. 3. Ext.P4 application is dated 11.10.2011. The prescribed fee was also paid on the same day. Going by the date of presentation of the application, it cannot be said that there has been inordinate delay on the part of the respondents in passing orders thereon. However in the light of the submission made by learned Government Pleader that the Regional Transport Authority, Palakkad will take up Ext.P4 application for consideration in its next meeting and pass appropriate orders thereon, I dispose of the writ petition with a direction to the second respondent to place the original of Ext.P4 application before the Regional Transport Authority, Palakkad for its consideration at its next meeting. The Regional Transport Authority shall thereupon take an appropriate decision thereon and communicate it to the petitioner. In the event of the WP(C)No.28250 of 2011 -3- replacement being granted, the necessary endorsements shall be made on the original permit on the petitioner complying with the statutory requirements. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //True Copy// PA to Judge