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E.Murali vs The Secretary on 24 June, 2010

Kerala High Court
E.Murali vs The Secretary on 24 June, 2010
       

  

  

 
 
  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.
             -------------------------------------------
                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

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