SHIYAS Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THE petitioner had applied for a regular permit to operate a stage carriage on the route Edakochi-Cherthala Via Aroor Temple, Arookutty, Perumbalam, Poochackal, Pallichantha, Ottappunna, Thavanakkadav and Chenganda. In his application for regular permit, the petitioner had offered to operate the service with the stage carriage bearing registration No.KL 08 AF 2925. THE Regional Transport Authority, Alappuzha that met on 12.11.2010 resolved to grant the permit subject to settlement of timings in respect of the aforesaid stage carriage. THE Secretary, Regional Transport Authority communicated the said decision to the petitioner as per endorsement dated 23.12.2010 and directed the petitioner to produce the current records of the vehicle for which the permit was granted within 30 days from the date of receipt of the order. THE petitioner states that he received a copy of the said order on 4.11.2011. THE petitioner had in the mean while purchased the stage carriage bearing registration No.KL-58-8179. THE petitioner submits that though he had produced the current records of the said vehicle before the respondent and the respondent was satisfied that the records are in order, he declined to grant the permit stating that the permit can be issued only for the stage carriage referred to in Ext.P1 order. In this writ petition, the petitioner seeks a direction to the respondent to issue the permit granted as per Ext.P1 for the stage carriage described in Ext.P2 certificate of registration, viz., KL-58-8179.

(2.) WHEN this writ petition came up for admission-hearing on 16.2.2011, the learned Government Pleader was directed to ascertain and submit whether the current records of the vehicle described in Ext.P2 certificate of registration were produced by the petitioner before the respondent. Today, the learned Government Pleader submitted on instructions that the current records of the stage carriage bearing registration No.KL-58-8179 were produced before the respondent on 18.1.2011.