IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(C).No. 1399 of 2008(N) ------------------------- PETITIONER: ------------------ PRASANNA NAIR, W/O.GANGADHARAN NAIR, KIZHUVEETTIL HOUSE, GANDHIJI ROAD, CHIYYARAM, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ---------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, THRISSUR. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY GOVT. PLEADER SRI. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 1399/2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE JUDGMENT IN MVAA NO.562/2007 DATED 25.9.2007. EXT. P2 : TRUE COPY OF THE PROCEEDINGS OF THE RTA DATED 22/10/2007. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.1399 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008 JUDGMENT Prayer in the writ petition is to direct the respondents to decide finally, on the application for replacement of the vehicle KL-5 A 6046 with KL-9 K 6502 so as to operate on the route Adukalapara - Thrissur, which is adjourned in the RTA meeting held on 22.10.2007 for verifying the overlapping of nationalized route, in compliance with the judgment in MVAA No.562/2007 within a time frame. By Ext.P1, noting that when the new vehicle offered is materially different from the old vehicle, the application for replacement has to be treated as an application for fresh permit, the STAT remanded the matter to the Secretary, RTA with a direction to place the replacement application of the petitioner before the RTA concerned treating it as an application for fresh permit, provided the appellant is prepared to comply with the legal requirements in that context. Pursuant to the same, according to the petitioner, the matter was placed before the RTA on 22.10.2007, which is adjourned stating that detailed report regarding overlapping has not been obtained. 2. Heard learned Government Pleader also. WPC.1399/2008. 2 The writ petition is disposed of directing the first respondent to take a decision on the application of the petitioner, if he has complied with the legal requirements in the context as ordered in Ext.P1 within a period of two months from the date of receipt of a copy of this judgment. Necessarily notice must be given to the KSRTC, if there is need to do so. (K.M. JOSEPH, JUDGE) sb