IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17616 of 2010(B)
1. E.MURALI, EDAVANA HOUSE,
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
2. THE REGIONAL TRANSPORT AUTHORITY,
For Petitioner :SRI.G.PRABHAKARAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :24/06/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.17616 of 2010
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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
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