IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13309 of 2011(K) -------------------------- PETITIONER(S): --------------- E.HYDROSE, S/O. MOHAMMED, NEDUMKANDAN HOUSE, P,.O.KARUVANTHURUTHY, KOZHIKODE. BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. 3. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 13309 of 2011 ------------------------------- Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Karuvanthuruthy Kadavu - Koonoormadu (Via) Feroke, Petta, Chungam, Ramnanattukara, Kakkanchery and Pallikkal Bazar as an ordinary service. He submitted Ext.P1 application dated 7.12.2009 to the Regional Transport Authority, Malappuram, the primary authority, for variation of the route by extending the service from Karuvanthuruthy Kadavu to Chaliyam. The Regional Transport Authority, Malappuram that met on 21.10.2010 resolved to call for a report from the Regional Transport Authority, Kozhikode for the reason that the proposed route lies in Kozhikode district. The Regional Transport Authority, Malappuram also resolved that the Secretary of the Regional Transport Authority shall obtain the report from the Regional Transport Authority, Kozhikode. Ext.P2 is a true copy of the proceedings issued in that regard by the Regional Transport Authority, Malappuram. Pursuant thereto, the Regional Transport Officer, Malappuram who is the Secretary to the Regional Transport Authority Malappuram, sent Ext.P3 letter dated 19.3.2010 to the Secretary, Regional Transport Authority, Kozhikode requesting for a report with reference to the request made by the petitioner in Ext.P1 W.P.(C) No.13309 of 2011 2 application. The grievance voiced by the petitioner is that though more than one year has passed thereafter, till date, the Regional Transport Authority, Kozhikode has not furnished the report, as a result of which his application for variation of the route is kept indefinitely pending. In this writ petition, the petitioner seeks a direction to the Regional Transport Authority, Kozhikode to forward the report called for by the Regional Transport Authority, Malappuram and a consequential direction to the Regional Transport Authority, Malappuram to pass orders on Ext.P1 application within a time limit to be fixed by this Court. 2. When the writ petition came up for admission-hearing today, Sri.Basant Balaji, learned Government Pleader appearing for the respondents submitted that the Regional Transport Authority, Kozhikode will furnish the report called for by the Regional Transport Authority, Malappuram with reference to the petitioner's application for variation of the permit within one month from the date of receipt of a certified copy of this judgment and that within another month thereafter, the Regional Transport Authority, Malappuram will consider Ext.P1 application for variation and pass appropriate orders thereon. In the light of the said submission and having regard to the fact that more than one year has passed after the Regional W.P.(C) No.13309 of 2011 3 Transport Authority, Malappuram called for the report from the Regional Transport Authority, Kozhikode, I dispose of the writ petition with the following directions:- i) The Regional Transport Authority, Kozhikode shall furnish the report called for by the Regional Transport Authority, Malappuram in Ext.P2 proceedings expeditiously and in any event, within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary, Regional Transport Authority, Kozhikode. ii) The Secretary, Regional Transport Authority, Malappuram shall thereupon consider Ext.P1 application for variation submitted by the petitioner and pass final orders thereon expeditiously and in any event within one month from the date of receipt of the report. iii) If the Regional Transport Authority, Malappuram is of the opinion that the petitioner should be heard, it will be open to the Regional Transport Authority to hear him also before passing final orders on Ext.P1 application. P.N. RAVINDRAN, JUDGE. nj.