IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33460 of 2008(G) -------------------------- PETITIONER(S): --------------- P.N.RAJESH, AGED 31, S/O.NARAYANAN, PULIKATHARA HOUSE PUTHUVYPU P.O.,ELAMKUNNAPUZHA. BY ADV. SRI.P.GOPALAKRISHNA MENON SRI.M.JITHESH MENON RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, ERNAKULAM. 3. THE KERALA STATE ROAD TRASPORT CORPORATION, REPRESENTED BY ITS DISTRICT TRANSPORT OFFICER, ERNAKULAM. 4. THE STATE TRANSPORT APPELLATE TRIBUNAL ERNAKULAM. BY GP SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).33460/2008 -------------------- Dated this the 17th day of November, 2008 JUDGMENT Petitioner challenges Ext.P7 judgment of the STAT, to the extent to which the Appellate Tribunal has remanded the petitioner's application for issuance of regular permit, without directing the grant of permit. It is further submitted that since the rejection of the application for regular permit was found to be wrong, nothing stood in the way of the Appellate Tribunal directing the grant of the permit. 2. In my view, it is always open to the STAT either to direct the grant of the permit or direct the RTA to take up the application for regular permit and pass orders. Both these are legitimate exercise of power by the Appellate Tribunal. I do not find any reason to interfere with Ext.P7. 3. In the result, writ petition is disposed of directing the RTA to proceed to consider the W.P.(C).33460/2008 2 application for regular permit submitted by the petitioner without further delay and take further steps, bearing in mind the law laid down by this Court in Vijayan v. Government of Kerala (2008 (3) ILR Kerala, 476) and take appropriate decision, as early as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs