IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WA.No. 437 of 2007() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8831/2006 DATED 15.1.2007 .................... APPELLANT/PETITIONER: ------------------------- K.M. MANOHARAN, KADAVIL HOUSE, P.O. NANDIPULAM, THRISSUR DIST. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE RESPONDENTS/RESPONDENTS: --------------------------- 1. T.A. GOPI, THAIPARAMBIL HOUSE, P.O. KALLUR, THRISSUR. 2. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR. 3. THE SECRETARY, R.T.A., THRISSUR. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., THRISSUR. 5. STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY MR.JOHNSON P. JOHN, S.C., KSRTC THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------------------------- W.A.NO.437 OF 2007 (D) ----------------------------------------------------------------- Dated this the 18th day of March, 2009 J U D G M E N T Balakrishnan Nair, J. The appellant is a stage carriage operator conducting stage carriage operation on the route of Kodaly - Thrissur. The 1st respondent applied for a regular permit on that route. The said application was rejected by the Regional Transport Authority by Ext.P1 on various grounds including the absence of a ready vehicle. The 1st respondent appealed to the State Transport Appellate Tribunal. The STAT allowed the appeal by Ext.P3 order directing the RTA to allow his application, provided, he has offered the vehicle KL.9N.4858 on the date of consideration of the application. The RTA considered the matter by Ext.P4 and found that the vehicle KL.9N.4858 is available now. But, the said ready vehicle was not available when the matter was considered by the RTA on 29.12.2003. So the application was rejected. The 1st respondent filed W.A.NO.437/07 2 Ext.P5 appeal against the order of the STAT. The STAT allowed the appeal by Ext.P6 relying on the decision of this Court in E.P.Alavikutty v. RTO (2005 (1) KLJ 20). In the said reported decision, this Court held that the permit can be granted even if there is no ready vehicle on the date of consideration of the application. So the Tribunal ordered to grant the regular permit, as applied for, subject to settlement of timings. The appellant filed W.P.(C).No.8831/2006 challenging Ext.P6. The Learned Single Judge dismissed the writ petition. Hence this appeal. 2. According to the appellant, the direction of the STAT in Ext.P3 has become final. In obedience to that direction, Ext.P4 has been passed. Therefore, the STAT should have stuck to its stand in Ext.P3. The present order passed by the STAT would amount to reviewing of its own order Ext.P3, which is not permissible in law. 3. The Tribunal, while rendering Ext.P3 order, went by the law as it stood before the declaration of law made in E.P.Alivikutty's case (supra). The Tribunal, now, modified its decision so that it will be in accordance with the said decision W.A.NO.437/07 3 of this Court. We are not impressed by the technical contentions raised by the appellant. Tribunal has done justice and even if Ext.P6 has the effect of modifying Ext.P3 order, we are not inclined to interfere with the impugned order Ext.P6 as that order is in tune with the legal position declared by this Court. If we interfere with that order, it will have the effect of restoring an illegal decision. Further, we notice that the right of the appellant to object to the grant of permit is very limited. He is mainly concerned with the time schedule that may be granted to the new vehicle. The STAT has already ordered that the permit shall be issued only after settlement of the timings. The same will redress the apprehended grievances of the appellant. In the result, the appeal fails, and it is accordingly dismissed. K.BALAKRISHNAN NAIR JUDGE M.L.JOSEPH FRANCIS JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008