Sajeeve Madhavan v. Secretary, Regional Transport Authority, Thrissur

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941** ## **WP(C).No.21876 OF 2019(H)** ## **PETITIONER:** **SAJEEVE MADHAVAN AGED 46 YEARS S/O.MADHAVAN, KALATHIPARAMBIL HOUSE, ANNAKKARA POST, THRISSUR.** **BY ADV. SRI.G.PRABHAKARAN** ## **RESPONDENT:** **THE SECRETARY REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, AYYANTHOLE PO, THRISSUR-680003.** **SRI K.P.HARISH- SENIOR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No. 21876 of 2019 2 ## **J U D G M E N T** The petitioner, who is a stage carriage operator, has been granted Ext.P1 temporary permit on the route BungalavukadavuThrissur, for the period from 15.04.2019 to 14.08.2019, in respect of the stage carriage bearing registration No.KL-46/S8672, in the vacancy of another stage carriage bearing Registration No.KL-9/M-555, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent, the Secretary of Regional Transport Authority, Thrissur to grant and re-issue four months temporary permit to continue to operate the service pursuant to Ext.P1 permit, which expires on 14.08.2019 and reissue temporary permit on the route Bungalavukadavu-Thrissur for the vehicle KL-46/S-8672 in place of stage carriage bearing Registration No.KL-9/M-555 by considering Exhibit P2 temporary permit application, within a period of three days. In support of the relief sought for in the writ petition, the petitioner would place reliance on Ext.P4 judgment dated 22.03.2019. It is W.P.(C) No. 21876 of 2019 3 pursuant to the direction contained in Ext.P4 judgment that the petitioner has been issued with Ext.P1 temporary permit, for the period from 15.04.2019 to 14.08.2019. 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.P2 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. As discernible from Ext.P4 judgment, the temporary permit granted to the petitioner, at the time of filing of that writ petition was valid for a period of 06.03.2019 to 25.03.2019. As an order of status quo as on 25.03.2019, was directed to be maintained vide Ext.P4 judgment, till orders are passed on the application for temporary permit made by the petitioner, he was permitted to conduct stage carriage operation for the period from 25.03.2019 till 15.04.2019 and thereafter, Ext.P1 temporary W.P.(C) No. 21876 of 2019 4 permit was granted for the period from 15.04.2019 to 14.08.2019. 5. 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 sub-section (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 W.P.(C) No. 21876 of 2019 5 exceeding one year. 6. Sub-section (2) of Section 87, which starts with a nonobstante 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 W.P.(C) No. 21876 of 2019 6 been restrained or, as the case may be, the permit has been suspended. 7. 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 sub-section (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-section (1) of Section 87 of the Act and only if that condition is satisfied, temporary permit can be granted for the time limit specified in that Section. 8. The provisions under Section 87 of the Motor Vehicles - Act, do not contemplate either renewal or re issue of a temporary - permit granted under clause (c) of sub section (1) of Section 87 and it contemplates only the fresh application for temporary W.P.(C) No. 21876 of 2019 7 permit and its consideration, subject to the conditions stipulated in Clause (c) of sub-section (1) of Section 87, the competent authority has to consider fresh applications, if any, made for temporary permit and take an appropriate decision, considering the temporary need on that route. ## 9. In **Germiyas Victor v. Secretary, Regional Transport Authority, Ernakulam** (judgment dated 25.07.2019 in W.P.(C).No.19757 of 2019), this Court held as follows: “7. 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 sub-section (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-section (1) of Section 87 of the Act and only if that condition is satisfied, temporary permit can be granted for the time limit specified in that Section.” W.P.(C) No. 21876 of 2019 8 10. In that view of the matter, Ext.P2 application made by the petitioner for temporary permit on the route in question has to be considered by the respondent, taking into consideration the temporary need on that route. The petitioner cannot seek reissue of temporary permit, since clause (c) of sub-section (1) of Section 87 of the Act do not contemplate either renewal or reissue of temporary permit granted under that clause. Therefore, it is for the respondent to take an appropriate decision on Ext.P2 application made by the petitioner for temporary permit on the route in question, strictly in accordance with law, invoking the provisions under clause (c) of sub-section (1) of Section 87 of the Motor Vehicles Act, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of copy of the certified copy of this judgment. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Dxy W.P.(C) No. 21876 of 2019 9 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE EXISTING TEMPORARY PERMIT DATED 25.4.2019.** **EXHIBIT P2 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 6.8.2019 ON THE ROUTE BUNGALAVUKADAVU-THRISSUR FOR THE VEHICLE KL-46/S 8672 IN PLACE OF KL 9/M 555.** **EXHIBIT P3 TRUE COPY OF THE CHELAN RECEIPT DATED 6.8.2019. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 22.3.2019 IN WPC NO.8380/2019.** **RESPONDENTS' EXTS: NIL**