IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 5750 of 2007(H) ------------------------- PETITIONER(S): --------------- P.K.DASAN, PANDALAYIL HOUSE, KOONAMOOCHI P.O., THRISSUR DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE REPRESENTED BY ITS SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. 3. THE DISTRICT TRANSPORT OFFICER, KSRTC, KOZHIKODE. R1, R2 BY GOVT. PLEADER SMT.SMITHA SUKUMARAN R3 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC. PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS DATED 15.7.2006. EXT.P2: TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 27.9.2006 IN M.V.A.A.NO.554/06. EXT.P3: TRUE COPY OF THE JUDGMETN DATED 11.1.2007 IN M.V.A.A.NO.554/06. EXT.P4: TRUE COPY OF THE DRAFT SCHEME OF KOTTAYAM-KOZHIKODE, PALAKKAD-KOZHIKODE AND KOZHIKODE-VAZHIKKADAVU DATED 9.5.2006. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.5750 OF 2007 ------------------------------------------- Dated this the 7th day of April, 2010 JUDGMENT The petitioner's application for regular permit on route Kabanigiri-Thrissur was declined by the Regional Transport Authority on two grounds. It was held that the proposed route overlaps a notified route for a distance of 215 kms. The second ground of rejection was that the total length of the route as proposed was 140 kms. The STAT affirmed that decision of the RTA. Learned counsel for the petitioner states that even if the Tribunal and the RTA had decided those issues, the matter should not have been left to end in the manner it has been done and the petitioner should have been given a further opportunity to provide suggestion regarding a modified route and apply for variation in that regard. He further points out that as of now, the so called modified scheme referred to by the STAT which, at WPC.5750/07. 2 that time was only an approved scheme, has been finalised. This means that there could be no overlapping, as rightly found by the Tribunal and the RTA and the total distance of the route should also be in excess of what could be granted. Therefore, while affirming Exts.P1 and P3, it is directed that the rejection of the petitioner's application will stand set aside and the RTA is directed to take up the application of the petitioner and consider it afresh after giving the petitioner an opportunity to place before the RTA appropriate modified suggestion regarding the route for which permit could be granted. If the petitioner places such revised proposal, that will be considered and orders issued by the RTA in accordance with law, after hearing the necessary parties, within a period of two months therefrom. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/04.