Important points:
The vehicle is not fitted with any unauthorised lights; that it is painted in the uniform colour scheme, if any, specified under Rule 264 of the Kerala Motor Vehicles Rules; that the safety glasses of the wind screen, rear window and side windows are maintained as per the mandate of Rule 100 of the Central Motor Vehicles Rules, without tampering the percentage of visual transmission of light, as specified in the said Rules; that the registration mark is displayed as per Rule 50 of the Central Motor Vehicles Rules, read with Rule 51, at the specified places, in the manner specified in those Rules; that is fitted with door shutters as mandated by sub-rule (2) of Rule 280 of the Kerala Motor Vehicles Rules; etc.

JUDGMENT :

The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-58/D-4063 with date of registration of 8.7.2010, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P1 application for temporary permit on the route Kakkattu-Theekuni-Vadakara in respect of the aforesaid stage carriage in the defaulted vacancy of stage carriage bearing registration No.KL-13/M-2707 pointing out the temporary need of Onam festival as so many people are visiting Mamanam Temple during Onam season.

2. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondent.

3. The learned Government Pleader would submit that the respondent shall consider Ext.P1 application made by the petitioner for temporary permit on the route in question, invoking the provisions under clause (c) of sub-section (1) of Section 87 of the Motor Vehicles Act, 1988, with notice to the petitioner and after affording him an opportunity of being heard.

4. Section 87 of the Motor Vehicles Act deals with temporary permits. As per sub-section (1) of Section 87, a Regional Transport Authority and the State Transport Authority may without following the procedure laid down in Section 80, grant permits to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings; or (b) for the purpose of a seasonal business; or (c) to meet a temporary need; or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit. As per the proviso to subsection (1), a Regional Transport Authority or as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year.

5. Sub-section (2) of Section 87, which starts with a non-obstante clause provides that, notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where (i) no permit could be issued under Section 72 or Section 74 or Section 76 or Section 79 in respect of that route or area by reason of an order of a Court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or (ii) as a result of suspension by a Court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension. As per the proviso to sub-section (2), the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of permits have been restrained or, as the case may be, the permit has been suspended.

6. A reading of the provisions under clause (c) of subsection (1) of Section 87 of the Motor Vehicles Act make it explicitly clear that the grant of a temporary permit under the said clause can only be made for meeting a particular temporary need. Therefore in an application for temporary permit, invoking the provisions under clause (c) of subsection (1) of Section 87, it is incumbent upon the applicant to state the temporary need on the route applied for, so as to enable the competent authority to entertain such an application. For grant of temporary permit, the competent authority is required to consider the condition stipulated in clause (c) of sub-sec