High Court Kerala High Court

Balamohana Babu vs The Regional Transport Authority on 7 July, 2010

Kerala High Court
Balamohana Babu vs The Regional Transport Authority on 7 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21091 of 2010(J)


1. BALAMOHANA BABU, RATHIN NIVAS,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY, REGIONAL TRANSPORT

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :07/07/2010

 O R D E R
                         K. SURENDRA MOHAN, J.
                ------------------------------------------------------------
                     W.P(C) NO: 21091 OF 2010 J
                -----------------------------------------------------------
                    Dated this the 7th July, 2010.

                                    JUDGMENT

The petitioner is a stage carriage operator who was

conducting services on the route Vanchiyam-Kayamkulam on the

strength of a regular permit. He had submitted an application for

the renewal of his permit for the period from 26/8/2003 to

25/8/2013. However, the said application was rejected on the

ground that there was violation of the scheme. Subsequently, the

said rejection was affirmed by the State Transport Appellate

Tribunal also. Thereafter, as per judgment of this Court in W.P(C)

37238/2004, the petitioner continued the service on the strength

of successive temporary permits. While so, the Government issued

a notification saving the existing permits from cancellation. As per

the said notification, the petitioner contends that he is entitled to

renewal of his permit. Therefore, the petitioner has submitted an

application for the renewal of his permit for the period up to

25/8/2013. A fresh application was necessitated for the reason

that though as per Ext.P2 judgment the petitioner and similar

others were directed to approach the Regional Transport Authority

for the renewal of their permits, no action was taken in view of the

WPC 21091/2010 2

confusion that was said to be prevailing regarding the power of the

authority to issue the renewal. The present application submitted

by the petitioner is Ext.P3, which is still pending.

2. Since the application for renewal of his regular permit is

pending, the petitioner has submitted Ext.P4 application under

Section 87(1)(d) of the Motor Vehicles Act, 1988 (the ‘Act’ for short)

for the issue of a temporary permit. He complains that no action

has been taken on Ext.P4. The petitioner also complains that

Ext.P3 application is kept pending without completing the

formalities of obtaining concurrences from the sister authorities for

the renewal. The counsel for the petitioner also relies on Ext.P5

judgment of this Court and prays for the issue of a similar direction

to pass final orders on Exts.P3 and P4.

3. I notice that the petitioner has been pursuing his

applications for renewal of the regular permit from the year 2003

onwards. For various reasons, he has not been granted renewal of

his regular permit till date. It is no doubt true that for granting the

renewal that has been sought for in Ext.P3, the concurrence of the

sister authorities would have to be obtained. However, the said

formalities would have to be completed within a reasonable time.

WPC 21091/2010 3

4. In the above circumstances this writ petition is disposed of

directing the respondents to complete all formalities for obtaining

concurrences from the sister authorities and to pass final orders on

Ext.P3 application for renewal of permit submitted by the petitioner

in accordance with law, as expeditiously as possible and at any rate

within a period of six months from the date of receipt of a copy of

this judgment. Ext.P4 application which is submitted by the

petitioner under Section 87(1)(d) of the Act shall also be considered

and appropriate orders shall be passed thereon in accordance with

law, as expeditiously as possible and at any rate within a period of

two weeks from the date of receipt of a copy of this judgment.





                                          K. SURENDRA MOHAN
                                                    Judge
jj

WPC 21091/2010    4