IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 35564 of 2007(H) -------------------------------------- PETITIONER: ------------------- SAJITHA, W/O. ABDUL MUNEER, PULLISSERY HOUSE, VIRIPADOM, P.O. AAKKODE, VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.SAJU J.VALLYARA RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. BY GOVERNMENT PLEADER MR.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35564 OF 2007-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 24.1.2007 VIDE ITEM NO.16 EXT.P2 PHOTOCOPY OF THE JUDGMENT OF THE STATE TRANSPORT APPELLATE TRIBUNAL DATED 10.4.2007 IN M.V.A.A. NO.181/2007 EXT.P3 PHOTOCOPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 7.8.2007 VIDE ADDL. ITEM NO.14. / TRUE COPY / ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 35564 OF 2007 H = = = = = = = = = = = = = = = = Dated this the 14th January, 2008 J U D G M E N T Challenge in this writ petition is against Ext. P3. It is stated that earlier when the application for regular permit was rejected on the ground that there was no ready vehicle offered, that was challenged before the STAT. The Tribunal by Ext. P2 judgment allowed the appeal and remanded the matter for fresh consideration. This is obviously on the basis that availability of the vehicle was not necessary for grant of permit. However, when the matter went back to the R.T.A, the authority has again rejected the application of the petitioner by Ext. P3. The reason given in Ext. P3 is that as per Rule 159(1) of the K.M.V. Rules no permit shall be issued before entering the registration mark of the vehicle to which it relates. Since this is a case of grant of regular permit the reasoning of the R.T.A as contained in Ext. P3 will stand quashed and the RTA will pass revised orders. This shall be done as WPC No. 35564/07 -2- expeditiously as possible, at any rate within six weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-