IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15728 of 2009(I) -------------------------- PETITIONER(S): ----------------- SHINCE JOSEPH, JAKIDIPURATH, MELORAM P.O., PERUVATHANAM. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): ------------------- 1. REGIONAL TRANSPORT AUTHORITY, IDUKKI REPRESENTED BY SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------ W.P.(C).No.15728 of 2009 ------------------------------------ Dated this the 8th day of June, 2009. JUDGMENT The petitioner applied for a regular permit on what he terms as “a means of earning his livelihood” to operate through an interior route in Idukki District between Meloram-Valliyamkavu-504 Colony Paloor Kara, Punchavayal, Mundakkayam with vehicle bearing registration No.Kl-37- 1344. The application for regular permit was rejected and the matter has been taken in appeal and the same is pending before the State Transport Appellate Tribunal in M.V.A.A.No.255/09. 2. The petitioner has, in the meanwhile, applied for a temporary permit to operate on the same route, as evidenced by Ext.P4, due to the persistent request made by the public. 3. I heard learned counsel for the petitioner and learned Government Pleader. W.P.(C).No.15728 of 2009 :: 2 :: 4. The fact that there is a draft notification dated 15.9.2008 issued under Section 99 of the Motor Vehicles Act. Pending finalisation, it need not deter the respondents from considering an application for temporary permit to operate on the same route. The question has been clarified by this court in Ext.P5. Accordingly, The writ petition is disposed of directing the 1st respondent to pass orders on Ext.P4 taking into account Ext.P3 and in the light of Ext.P5 judgment, within one month from the date of receipt of a a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge