IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27723 of 2009(I)
1. P.KUNHIMOHAMMED, S/O.RAYIMMU HAJI,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/01/2010
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.27723 of 2009
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Dated 11th January, 2010
JUDGMENT
The petitioner applied for a stage carriage permit to
operate on the route Erumamunda – Kaippini Kadavu in respect of the
stage carriage bus bearing registration No.KL 10L 8303. Along with
the application he had not produced the original records relating to the
said vehicle. The Regional Transport Authority, Malappuram
considered the petitioner’s application at its meeting held on
22.7.2009 and granted a regular permit to the petitioner’s vehicle
bearing registration No.KL 10L 8303 subject to settlement of timings.
It is stated that thereafter, on 14.9.2009, within the time stipulated in
Rule 159(2) of the Kerala Motor Vehicles Rules, 1989, the original of
the registration certificate regarding the vehicle described in Ext.P2
order was produced before the Secretary, Regional Transport
Authority, Malappuram. The petitioner states that as Ext.P2 was
communicated only on 31.8.2009, production of the certificate of
registration before the Secretary, Regional Transport Authority on
14.9.2009, is well within the statutory period of one month. The
petitioner submits that though more than three months have passed
after the original of the registration certificate was produced before the
WP(C).No.27723/2009 2
Secretary, Regional Transport Authority, Malappuram, the stage
carriage permit has not been issued in respect of the vehicle described
in Ext.P2 order though the Regional Transport Authority has granted a
regular permit for the said vehicle. In this writ petition, the petitioner
seeks a direction to the Secretary, Regional Transport Authority,
Malappuram to issue a regular permit pursuant to Ext.P2 grant.
2. Smt.N.Sudha Devi, the learned Senior Government
Pleader appearing for the respondents submits on instructions that
permits are issued in accordance with the priority which is determined
with reference to the date on which the permit was granted by the
Regional Transport Authority. She submits that the said arrangement
has been implemented in view of the directions issued by this Court in
a series of writ petitions and that priority has to be determined also
with reference to the date of production of the original certificate in
terms of Rule 159 of the Kerala Motor Vehicle Rules. She submits that
the grant of permit to the petitioner was made only on 22.7.2009 and
that the petitioner’s turn has not arisen. She also submits that the
timings proposed by the petitioner in Ext.P2 has not been settled.
3. The route Erumamunda – Kaippini Kadavu is in a
remote area of Malappuram District. The application filed by the
petitioner discloses that the route has a length of only 10 Kms. and
WP(C).No.27723/2009 3
that for a distance of nearly 3 Kms., Kumamthode – Kaippini Kadavu,
no other operator is presently operating a stage carriage bus.
Therefore, if a permit is issued to the petitioner pursuant to Ext.P2
grant, it will be a blessing to the residents of the locality. I am
therefore of the considered opinion that as the petitioner is introducing
a stage carriage service in a remote area which is not presently
serviced by any other operator, the respondent should expeditiously
settle the timings with notice to the operators already operating on
portions of the route and issue a regular permit to the petitioner
pursuant to Ext.P2 grant. Necessary steps in that regard shall be
taken and completed and permit issued expeditiously and in any event
within two months from the date on which the petitioner produces a
certified copy of this judgment before the respondent.
The writ petition is disposed of with the above directions.
P.N.RAVINDRAN
Judge
TKS