IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 10288 of 2011(I) -------------------------- PETITIONER(S): --------------- A.R.BABU, AGED 41, S/O.RAGHAVAN, ARAKKAL HOUSE, PATTANAM, VADAKKEKARA P.O., ERNAKULAM DISTRICT, PIN 683522. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, REPRESENTED BY ITS SECRETARY, CIVIL LINES, KAKKANAD, KOCHI-30. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, CIVIL LINES, KAKKANAD, KOCHI-30. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.10288 of 2011 ----------------------------------------- Dated this the 5th April, 2011 JUDGMENT The petitioner applied for the issue a temporary permit to operate a stage carriage on the route Ernakulam High Court Junction to Kottayilkovilkam in the vacancy that had arisen on the operator of stage carriage KL-7/AQ 5343 surrendering the permit. When his application was not considered and was being indefinitely adjourned he moved this Court by filing W.P(C) No.20812 of 2009. By Ext.P1 judgment delivered on 27.7.2009 this Court disposed of the writ petition with a direction to the Regional Transport Authority, Ernakulam to consider the petitioner's application for four months' temporary permit and pass orders thereon within one month from the date of receipt of a copy of the judgment. The Regional Transport Authority thereafter considered the petitioner's application for temporary permit at its meeting held on 22.2.2010. By Ext.P2 order passed on that day the Regional Transport Authority granted the permit. Thereafter Ext.P3, 20 days' temporary permit, was issued for the W.P(C) NO.10288/2011 -:2:- period from 8.3.2010 to 27.3.2010. Thereafter temporary permits of four months' duration were issued. The last of the temporary permits (Ext.P6) thus issued to the petitioner was valid from 28.11.2010 to 27.3.2011. The grievance voiced by the petitioner is that though long before the expiry of the permit he had submitted Ext.P7 application dated 24.2.2011 and the requisite fee has also been paid, till date orders have not been passed thereon though the vacancy subsists. 2. When this writ petition came up for hearing today the learned Government Pleader appearing for the respondents submits that the first respondent will consider Ext.P7 application by circulation in the manner provided in rule 130 of the Kerala Motor Vehicles Rules and pass appropriate orders thereon expeditiously. In view of the said submission and having regard to the fact that the petitioner was operating a stage carriage service from 8.3.2010 onwards till 27.3.2011, I dispose of the writ petition with a direction to the competent authority among the respondents to pass appropriate orders on Ext.P7 application expeditiously and in any event within two weeks from the date on which the petitioner produces a certified copy of this judgment before the second W.P(C) NO.10288/2011 -:3:- respondent. In the event of the competent authority among the respondents directing re-issue of the temporary permit, the temporary permit shall be re-issued within a week thereafter. The aforesaid direction will have the efficacy only if the vacancy in which the permit was issued initially on 8.3.2010 still subsists. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.10288 of 2011 ---------------------------- JUDGMENT 5th April, 2011