IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 17616 of 2010(B) --------------------------------------- PETITIONER: ------------------- E.MURALI, EDAVANA HOUSE, NORTH PARAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.G.PRABHAKARAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. 2. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY. R1 & R2 BY SR. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.17616 of 2010 ------------------------------------------- Dated this the 24th of June, 2010 JUDGMENT The petitioner is a stage carriage operator. He has been conducting services on the route Guruvayur- Kodungallur as a substitute in the vacancy of another vehicle bearing Reg.No.KL-8/T 7575. The petitioner was conducting services with his vehicle bearing Reg.No.KL- 16/7016. In order to maintain continuity of service, the petitioner applied for the re-issue of his temporary permit by submitting Ext.P2 application. However, the application has been returned to the petitioner by the Secretary, Regional Transport Authority after making an endorsement on the reverse of the application. The said endorsement is Ext.P3. 2. As per Ext.P3, it is stated that the regular permit of the vehicle bearing Reg.No.KL-8/T 7575 has already been cancelled. Therefore, the petitioner's application for the issue of a temporary permit in its place was being returned. wpc No.17616/2010 2 3. It is contended by the counsel for the petitioner that the temporary need would subsist even after the regular permit is cancelled. Therefore, the petitioner's application could have been considered under Section 87 (1)(c) of the Motor Vehicles Act, 1988. 4. The learned Senior Government Pleader Mr.K.C.Santhosh Kumar submits that the application submitted by the petitioner was under Section 87(1)(d) and therefore, only if he makes an application under Section 87(1)(c), would his request be considered. 5. In the above circumstances, this Writ Petition is disposed of directing the petitioner to submit a fresh application for the issue of his temporary permit, under Section 87(1)(c) of the Act. If such an application is made, the first respondent shall consider the same in accordance with law and shall pass appropriate orders thereon in accordance with law, expeditiously. K.SURENDRA MOHAN, JUDGE css/