IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WP(C).No. 9457 of 2010(F) ----------------------------------- PETITIONER(S): ------------------------ K.ABOOBACKER, KODALIPULIKKOTTIL HOUSE, PULPATTA, MANJERI, MALAPPURAM. BY ADV. MR.I.DINESH MENON RESPONDENT(S): -------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD. BY SR. GOVT. PLEADER MR.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 9457 OF 2010 ----------------------------------------------------------- Dated this the 25th March, 2010. JUDGMENT The petitioner was an applicant for a regular permit on the route Koppam-Thrissur. His application was rejected by the Regional Transport Authority. The said order was challenged by him in MVAA 815/2007. The appeal was allowed by the State Transport Appellate Tribunal and the matter was remanded to the RTA with a direction to consider the same afresh. In terms of the said judgment, the petitioner submitted a request. When the same was not being considered the petitioner had approached this Court by filing WPC 2819/2009. As per judgment dated 28/1/2009 this Court directed the Secretary, RTA to place the modification before the RTA for consideration. In the above circumstances, the notification issued by the Government was finalised and as per the final notification, overlapping on a notified route is permitted to the extent of 5% of the route or 5 kilometres whichever is less. In view of the above permission available in the final notification, the petitioner has submitted a modified proposal, which is Ext.P4. The present request of the petitioner is for a consideration of Ext.P4 also while deciding whether to grant him a renewal permit or not. WPC 9457/2010 2 The learned Govt. Pleader has no objection to the same being considered. 2. In the above circumstances this writ petition is disposed of directing the first respondent to consider the modified proposal of the petitioner in Ext.P4 also while considering the application for the grant of regular permit submitted by the petitioner. The matter shall be considered as expeditiously as possible and appropriate orders shall be passed, at any rate within a period of two months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 9457/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: