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2017 Supreme(Online)(KER) 16147
HIGH COURT OF KERALA
P. B. Suresh Kumar, J
BIJU SCARIA – Appellant
Versus
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI – Respondent
WRIT PETITION (CIVIL) 4864/2017
A temporary permit application can proceed without sister authority's concurrence if renewal is pending and prior permit validity exists.
Headnote:
Transport - Stage Carriage Service - Act Section List - The petitioner was entitled to a temporary permit based on an existing application for renewal and prior concurrence for operation.
Fact of the Case:
The petitioner, operating a stage carriage service, had a regular permit valid until 27.01.2013, with a pending renewal application and requested a temporary permit for a different vehicle due to inaction by the Regional Transport Authority.
Finding of the Court:
The court found that since the petitioner was operating under a valid permit and a renewal application was pending, he was entitled to a temporary permit without needing additional concurrence from the sister Regional Transport Authority.
Issues: Whether the petitioner is entitled to a temporary permit during the pendency of the renewal application and if concurrence from the sister Regional Transport Authority is needed.
Ratio Decidendi: A temporary permit can be granted without additional concurrence when a valid application for renewal is pending, as the legal requirements have been sufficiently met.
Final Decision: The court directed the competent authority to consider the temporary permit application and issue it if no legal impediment exists.
J U D G M E N T
The petitioner was operating a stage carriage service on an inter-regional route. The regular permit obtained by the petitioner for the said purpose was valid only till 27.01.2013. The application preferred by the petitioner for renewal of the permit is pending. Ext.P2 is the application preferred by the petitioner for grant of a temporary permit to operate service during the pendency of the application for renewal. It is pointed out that since the petitioner could not operate service for quite some time, the vehicle in respect of which the regular permit has been issued is no longer with him and therefore, Ext.P2 application is preferred in respect of another vehicle. The grievance of the petitioner in the writ petition concerns the inaction on the part of the Secretary of the Regional Transport Authority in considering Ext.P2 application.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
3. The learned Government Pleader submits that in so far as the application is preferred for temporary permit in respect of an inter regional route, that too for a period of four months, the concurrence of the sister Regional Transport Authority is required for granting the same.
4. Having regard to the fact that the petitioner was operating service during the validity of the permit and the fact that the application submitted by the petitioner for renewal of permit is pending, I am of the view that the petitioner is entitled to a temporary permit. It is beyond dispute that the permit obtained by the petitioner for operating the service was one issued with the concurrence of the sister Regional Transport Authority. In the circumstances, I am of the view that concurrence of the sister Regional Transport Authority is not required for granting a temporary permit during the pendancy of the application for renewal.
5. The writ petition, in the circumstances, is disposed of directing the competent authority to consider Ext.P2 application and issue the temporary permit sought by the petitioner, if there is no legal impediment for the same. The direction as aforesaid shall be complied with within two weeks from the date of receipt of a copy of this judgment.
