IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17876 of 2010(H)
1. SULAJA, SULAJA BHAVAN,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
For Petitioner :SRI.O.D.SIVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :22/07/2010
O R D E R
K. SURENDRA MOHAN, J.
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W.P(C) NO: 17876 OF 2010 H
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Dated this the 22nd July, 2010.
JUDGMENT
The petitioner is the registered owner of stage carriage
vehicle bearing registration No: KL 16/7227. She submitted an
application for the issue of a temporary permit on the route Anchal-
Kottiyam in the vacancy of stage carriage vehicle No: KL 2/W 4599.
The original route bus is not operating and the timings of the said
vehicle is also vacant. According to the petitioner there is both
regular need and a temporary need in existence. Therefore, the
respondent is bound to consider the application and to grant the
permit under Section 87(1)(c) of the Motor Vehicles Act, 1988.
However, without considering the temporary need Ext.P1 order has
been passed rejecting application for temporary permit submitted
by the petitioner. According to the petitioner Ext.P1 is
unsustainable and is liable to be set aside. I have heard the learned
senior Govt. Pleader also.
2. A reading of Ext.P1 order shows that the petitioner’s
application for temporary permit has been rejected for the only
reason that the regular permit of the route bus has expired on
21/4/2010 and the route bus has no regular permit at present.
WPC 17876/2010 2
The question that should have been considered by the authority
was whether there was a temporary need in existence. If there was
a temporary need, the petitioner was certainly entitled to be
granted the temporary permit that was sought for. However, the
respondent has not considered the above aspect, which was the
only question that should have been considered. In view of the
above Ext.P1 is set aside. The respondent is directed to consider
the application for temporary permit submitted by the petitioner
afresh and to pass orders thereon in accordance with law, as
expeditiously as possible and at any rate within a period of ten days
from the date of receipt of a copy of this judgment. This writ
petition is disposed of accordingly.
K. SURENDRA MOHAN
Judge
jj
WPC 17876/2010 3