P A MOHAMMED ISMAIL Vs. SECRETARY REGIONAL TRANSPORT

JUDGEMENT

(1.) THE petitioner is a stage carriage operator operating a stage carriage service on the route Guruvayoor-Ernakulam via Chettuva, Vatanapplilly, Thriprayar, Kodungallur, Parur, Peruvaram Temple, Koonammavu, Pathalam, FACT, Manjummal, Muttar Bridge, Edappilly, Palarivattom, Kalloor and Padma on the strength of a regular permit. THE validity of the said permit expired on 22.1.2011. THE petitioner had within the time stipulated in section 81 of the Motor Vehicle Act, 1988 submitted an application for renewal of the regular permit and it is pending. On application filed by the petitioner under section 87(1)(d) of the Motor Vehicles Act, 1988, Ext.P2 temporary permit of four months' duration was issued and it was valid till 22.5.2011. It is stated that the said permit has since been re- issued. In the meanwhile, the petitioner filed an application before the Regional Transport Authority, Thrissur for permission to convert the service as a limited stop fast passenger service. By Ext.P3 proceedings dated 10.1.2011, the said request was granted subject to the production of a vehicle which satisfies the requirements of rule 260A of the Kerala Motor Vehicles Rules and on complying with all other conditions for operating a limited stop fast passenger service. Though it is not so stated in the writ petition, during the course of arguments, the learned counsel for the petitioner submitted that within one month from the date of communication of a copy of Ext.P3 proceedings, the petitioner produced the current records of the vehicle (KL-47 B 1961 having a seating capacity of 48 passengers) and that he had thereafter submitted Ext.P4 application dated 18.4.2011 for permission to replace the existing vehicle with that vehicle. This writ petition is filed contending that though more than one month has passed after Ext.P4 application was filed, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the Secretary, Regional Transport Authority, Thrissur to consider Ext.P4 application for replacement of the vehicle and pass orders thereon expeditiously. It is contended that unless the permission sought by the petitioner to replace the vehicle is granted, he will not be in a position to operate the service as a fast passenger service, that the outgoing vehicle has a seating capacity of 38 passengers whereas the replaced vehicle has a seating capacity of 48 passengers, and therefore, the State as well as the travelling public will be benefited.

(2.) I heard Sri.I.Dinesh Menon, learned counsel appearing for the petitioner and Sri.Jaiby Paul, learned Government Pleader appearing for the official respondent. The learned Government Pleader submitted that the respondent will consider Ext.P4 application and pass orders thereon expeditiously, if the original thereof has been received and the requisite fee has been paid. In the light of the said submission and having regard to the fact that the petitioner is already operating a service and also has been permitted to convert the service as a limited stop fast passenger service, I dispose of the writ petition with a direction to the respondent to consider and pass appropriate orders on Ext.P4 application having regard to the age of the vehicle and the seating capacity expeditiously and in any event within two weeks from the date on the petitioner produces a certified copy of this judgment before the respondent. In the event of the application being granted, the necessary endorsements shall be made on the temporary permit currently in force and on the regular permit on renewal.